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NIKOLITS v. NICOSIA

No. 96-3208.

682 So.2d 663 (1996)

Gary NIKOLITS, Appellant, v. Greg NICOSIA, Jackie Winchester, as Supervisor of Elections of Palm Beach County, Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

November 6, 1996.

Attorney(s) appearing for the Case

Kenneth D. Stern of Kenneth D. Stern, P.A., Boca Raton, for appellant.

Bruce F. Silver of Bruce F. Silver, P.A., and Curtis G. Levine of Levine & Associates, Chartered, Boca Raton, for appellees.

WARNER, Judge.

When the Supervisor of Elections prepared to print the ballots for the general election, she decided to include the designation of "incumbent" next to the name of the incumbent property appraiser, appellant Gary Nikolits. According to the testimony, the inclusion of this designation was to distinguish Mr. Nikolits from his Democratic challenger, Greg Nicosia, whose name the Supervisor felt was sufficiently similar so as to cause voter confusion. Appellee...

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