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CITY OF MIAMI v. STAATS

No. 3D05-466.

919 So.2d 485 (2005)

The CITY OF MIAMI, Appellant, v. Frederick STAATS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 8, 2006.

Attorney(s) appearing for the Case

Jorge L. Fernandez, City Attorney, and Warren Bittner and Regine Monestime, Assistant City Attorneys, for appellant.

Stanley H. Beck (Hallandale); Langbein & Langbein and Evan Langbein (Miami), for appellee.

Before GERSTEN, FLETCHER, and WELLS, JJ.

Rehearing and Rehearing En Banc Denied February 8, 2006.

FLETCHER, Judge.

The City of Miami appeals from an order declaring unconstitutional a city resolution placing a nonbinding or "straw ballot" question on the ballot of a special county-wide election. Because we agree with the trial court that the ballot is misleading, we affirm.

City of Miami Resolution R-05-0043 called for a special municipal election which in effect authorized the placing of...

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