PEREZ v. MARTI

No. 3D00-2441.

770 So.2d 176 (2000)

Demetrio J. PEREZ, Appellant, v. Daniel H. MARTI and David C. Leahy, etc., Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing September 22, 2000.


Attorney(s) appearing for the Case

Coffey, Diaz & O'Naghten, and Kendall Coffey, and Mark Journey, and Joel Lucoff, Miami, for appellant.

Lott & Friedland, and Ury Fischer, Coral Gables; and Gaebe Murphy Mullen & Antonelli, and David Kleinberg, Coral Gables; and Robert A. Ginsburg, County Attorney, and Jess McCarty, Assistant County Attorney, for appellees.

Ronald C. Denis, Miami, for Firpo Garcia, as Amicus Curiae.

Lott & Friedland, and Ury Fischer, Coral Gables; Wampler, Buchanan & Breen and James J. Breen and Joseph Buchanan, Miami; Geller, Geller, Beskin, Shienvold, Fisher and Garfinkel and Joseph S. Geller, Hollywood; Robert A. Ginsburg, County Attorney and Jess McCarty, Assistant County Attorney, for appellees on rehearing.

Before JORGENSON, COPE, and RAMIREZ, JJ.


On Motion for Rehearing En Banc September 22, 2000.

PER CURIAM.

This is an emergency appeal of the trial court's order removing appellant, Demetrio J. Perez, as a candidate for election to the school board of Miami-Dade County to be held on September 5, 2000. The trial court's order granted declaratory and injunctive relief, finding Perez an unqualified candidate for the office of school board member, district seven. We reverse.

Section 230.10, Florida...

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