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CITY OF TAMPA v. LEWIS

No. 2D07-3282.

993 So.2d 1096 (2008)

CITY OF TAMPA, Appellant, v. Marion S. LEWIS, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 2008.

Attorney(s) appearing for the Case

David Lisle Smith, City Attorney, and Jerry M. Gewirtz, Chief Assistant City Attorney, Tampa; and Thomas M. Gonzalez of Thompson, Sizemore & Gonzalez, Tampa, for Appellant.

Steven G. Wenzel and Matthew K. Fenton, of Wenzel & Fenton, P.A., Tampa, for Appellee.

LaROSE, Judge.

We are called upon to address Florida's "resign-to-run" law, section 99.012(5), Florida Statutes (2006), in the context of the 2007 Tampa mayoral election. The City of Tampa sued for a declaratory judgment that Marion S. Lewis was required to resign as a captain in the Tampa Police Department (TPD) in order to run for the office of mayor against the incumbent, Pam Iorio. The trial court entered a final summary judgment in favor of Mr. Lewis. We conclude...

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