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DEPARTMENT OF STATE v. MARTIN

No. 1D04-4517.

885 So.2d 453 (2004)

DEPARTMENT OF STATE, DIVISION OF ELECTIONS, Appellant, v. Joseph MARTIN, et al., Appellees.

District Court of Appeal of Florida, First District.

October 25, 2004.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General; Jonathan A. Glogau, Chief, Complex Litigation; Erik M. Figlio, Deputy Solicitor General, Tallahassee, for Appellant.

Jennifer S. Blohm of Meyer and Brooks, P.A., Tallahassee, for Appellees.

Elizabeth McArthur and Christopher B. Lunny of Radey Thomas Yon & Clark, P.A., Tallahassee; Richard E. Coates, Tallahassee, for Jim Smith and George Firestone, Amici Curiae.

WEBSTER, J.

The Department of State, Division of Elections, seeks review of a final order entering a mandatory injunction directing the Division to (1) permit a Democratic candidate for Congress to withdraw; (2) immediately notify the appropriate Democratic Party officials of their right to designate a nominee to fill the vacancy thereby created; and (3) if the Democrats designate a nominee at least 21 days before the general election, comply with the requirements...

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