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MIAMI-DADE DEM. PARTY v. CANVASSING BD.

No. 3D00-3318.

773 So.2d 1179 (2000)

MIAMI-DADE COUNTY DEMOCRATIC PARTY and Florida Democratic Party, Petitioners, v. MIAMI-DADE COUNTY CANVASSING BOARD; Lawrence D. King, in his official capacity as chairman of the Miami-Dade County Canvassing Board; Myriam Lehr, in her official capacity as member of the Miami-Dade County Canvassing Board; David C. Leahy, in his official capacity as member of the Miami-Dade County Canvassing Board, the Republican Party of Dade County, Respondents.

District Court of Appeal of Florida, Third District.

November 22, 2000.

Attorney(s) appearing for the Case

Coffey, Diaz & O'Naghten, LLP and Kendall Coffey, Miami; Stephen Zack and Zack Koznitsky, Miami; Sale & Kuehne, P.A. and Benedict P. Kuehne, Miami; Berger, Davis & Singerman, and Mitchell W. Berger, and Leonard K. Samuels (Ft. Lauderdale); Eckert, Seamans, Cherin & Mellot and Henry Latimer (Ft. Lauderdale); Sutherland, Asbill & Brennan, LLP and Teresa Wynn Roseborough (Georgia); Ronald A. Klain (Washington, D.C.); Robert F. Bauer (Washington, D.C.); Geller, Geller, Beskin, Shienvold, Fisher & Garfinkel, LLP, and Peggy Fisher, and Joseph S. Geller (Hollywood); Ryan, Phillips, Utrecht and MacKinnon and Lyn Utrecht (Washington, D.C.), for petitioners.

Robert A. Ginsburg, Dade County Attorney, and Murray A. Greenberg, First Asst. County Attorney, and Lee Kraftchick, and Thomas A. Tucker Ronzetti, and William X. Candela, Assistant County Attorneys; Greenberg, Traurig, P.A., and Roberto Martinez, and Miguel DeGrandy, and Raquel A. Rodriguez, and Barbara Logoa, Miami; Allen & Galego and Robert N. Allen, Jr., Miami, for respondents.

Before COPE, GODERICH, and GREEN, JJ.

PER CURIAM.

Petitioners, Miami-Dade County Democratic Party and the Florida Democratic Party seek an emergency writ of mandamus compelling the Miami-Dade County Canvassing Board ("Canvassing Board") to continue the manual recount of ballots in Miami-Dade County for the 2000 Presidential election. For the reasons which follow, we deny the petition.

On Friday, November 17, 2000, the Canvassing Board exercised its discretion to begin a manual recount of all ballots...

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