FLADELL v. LABARGA

Nos. 4D00-4145, 4D00-4146 and 4D00-4153.

775 So.2d 987 (2000)

Andre FLADELL, and Alberta McCarthy, Lillian Gaines, and all other similarly situated electors in Palm Beach County, Florida, Appellants, v. Honorable Jorge LABARGA, Palm Beach County Canvassing Board, as constituted by County Court Judge Charles Burton; Supervisor of Elections Theresa LePore; and County Commissioner Carol Roberts; George W. Bush, Dick Cheney, Al Gore and Joe Lieberman, Appellees. Beverly Rogers and Ray Kaplan, individually and on behalf of other similarly situated electors in Palm Beach County, Florida, Appellants, v. The Elections Canvassing Commission of the State of Florida; Governor Jeb Bush, Secretary of State Katherine Harris; Clay Roberts, Director of the Division of Elections of the State of Florida; Theresa LePore, Supervisor of Elections for Palm Beach County; the Palm Beach County Elections Canvassing Commission; Al Gore; and George W. Bush, Appellees.

District Court of Appeal of Florida, Fourth District.

November 27, 2000.


Attorney(s) appearing for the Case

Henry B. Handler, David K. Friedman, Donald Feldman, and William J. Cornwell, of Weiss & Handler, P.A., Boca Raton, for appellants-Andre Fladell, Alberta McCarthy and Lillian Gaines.

Gary M. Farmer, Jr. of Gillespie, Goldman, Kronengold & Farmer, P.A., David H. Krathen of Law Offices of David Krathen, Fort Lauderdale, and Stephen A. Sheller of Sheller, Ludwig & Badey, Philadelphia, PA., for appellants-Beverly Rogers and Ray Kaplan.

Leonard Berger, West Palm Beach, Bruce Rogow and Beverly Pohl, Fort Lauderdale, and Robert M. Montgomery, Jr., West Palm Beach, for appellees-Palm Beach County Canvassing Board and Supervisor of Elections Theresa LePore.

Barry Richard of Greenberg Traurig, P.A., Tallahassee, for appellee-George W. Bush.

Laughlin McDonald, Neil Bradley, Cristina Correia, Bryan Sells, Atlanta, GA, Steven R. Shapiro, New York, NY, Randall C. Marshall, Miami, and James K. Green, West Palm Beach, for Amicus Curiae-American Civil Liberties Union.

Jay Alan Sekulow, Thomas P. Monaghan and Kevin H. Theriot, Virginia Beach, VA, David A. Cortman, Lawrenceville, GA, and Colby M. May and Stuart J. Roth, Washington, D.C., for Amicus Curiae American Center for Law and Justice.


PER CURIAM.

ON MOTION TO CERTIFY QUESTION PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.125

The appellants have requested certification of this issue to the Florida Supreme Court as being one of great public importance requiring immediate resolution by the supreme court. Now that the election results have been received, and the Secretary of State has declared the successful candidate as of Sunday evening, November 26, 2000, this election contest is now...

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