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BRAXTON v. HOLMES COUNTY ELECTION CANVASSING BD.

No. 1D02-5171.

870 So.2d 958 (2004)

John H. BRAXTON, Appellant, v. HOLMES COUNTY ELECTION CANVASSING BOARD, Debbie Wilcox-Morris, Supervisor of Election of Holmes County and Member of Canvassing Board, The Honorable Robert E. Brown, County Judge and Member of Canvassing Board, Rick Crews, County Commissioner and Member of Canvassing Board, and Dennis Lee, Candidate and Sheriff of Holmes County, Appellees.

District Court of Appeal of Florida, First District.

February 24, 2004.

Attorney(s) appearing for the Case

Rhonda S. Clyatt, Esquire, and Jean Marie Downing, Esquire, Panama City, for Appellant.

Franklin R. Harrison, Esquire, and Kevin D. Obos, Esquire, of Harrison, Sale, McCloy & Thompson, Panama City; Gerald Holley, Esquire, Chipley, for Appellees.

POLSTON, J.

Appellant John H. Braxton appeals the December 9, 2002 final judgment of the trial court relating to his contest of the 2000 Holmes County General Election for the sheriff's race, pursuant to section 102.168, Florida Statutes (2000). Braxton lost the race to appellee Dennis Lee by five votes. Braxton brought an action, alleging fraud in the election process (Count I), alleging gross negligence (Count II), and seeking declaratory and injunctive relief because...

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