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CITY OF HIALEAH v. DELGADO

No. 3D06-2765.

963 So.2d 754 (2007)

CITY OF HIALEAH, Appellant, v. Reinaldo DELGADO, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 26, 2007.

Attorney(s) appearing for the Case

William M. Grodnick, City Attorney; Akerman, Senterfitt, and Michael Fertig and Jennifer Cohen Glasser, Miami, for appellant.

Stanley H. Beck, Hallandale Beach; Langbein & Langbein, and Evan J. Langbein, Miami, for appellee.

Before, COPE, C.J., and FLETCHER and LAGOA, JJ.

Rehearing and Rehearing En Banc Denied September 26, 2007.

COPE, C.J.

This is an appeal from an order of the trial court invalidating a straw ballot question which appeared on the 2006 general election ballot. We agree with the trial court that appellee Reinaldo Delgado had standing to bring this lawsuit but we respectfully disagree with the court's ruling that the ballot question was fatally flawed. Accordingly, the votes may be counted.

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