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CITY OF MIAMI v. CAROLLO

No. 3D00-266.

748 So.2d 397 (2000)

CITY OF MIAMI, et al., Appellants, v. Mayor Joe CAROLLO, et al., Appellees.

District Court of Appeal of Florida, Third District.

February 15, 2000.

Attorney(s) appearing for the Case

Akerman, Senterfitt & Eidson, Nina K. Brown, and Jennifer L. Cohen, Joseph W. Hatchett (Tallahassee), for appellants.

Sale & Kuehne and Benedict P. Kuehne; Geller, Geller, Beskin Sheinvold, Fisher & Garfinkel (Hollywood), Joseph S. Geller and Peggy Fisher; Kendall Coffey; Phillips Richard Rind & Navarrete and Kathleen Phillips; Luis Fernandez; Cornelius Shiver, Jr.; Shubin & Bass and Jeffery S. Bass; W. Tucker Gibbs, for appellees.

Before GERSTEN, GODERICH, and RAMIREZ, JJ.

PER CURIAM.

In the underlying case, the trial court enjoined the election scheduled for March 14, 2000, because City of Miami Charter Amendment No. 1 results in an illegal recall in violation of the mayor's due process rights. On appeal, as below, the City argues, citing City of Jacksonville v. Smoot, 83 Fla. 575, 92 So. 617 (1922), and Hall v. Strickland, 170 So.2d 827 (Fla. 1964), that there has been no illegal recall...

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