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BROCK v. BOARD OF COUNTY COM'RS OF COLLIER

No. 2D07-4549.

21 So.3d 844 (2009)

Dwight E. BROCK, Clerk of the Circuit Court of Collier County, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, as ex-officio the Governing Board of the Ochopee Area Fire Control and Emergency Medical Care Special Taxing District a/k/a the Ochopee Fire District, a Municipal Services Taxing Unit pursuant to Section 125.01(1)(q), F.S., and on behalf of Collier County, a Political Subdivision of the State of Florida; Linda T. Swisher; and Paul Wilson, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 13, 2009.

Attorney(s) appearing for the Case

David P. Ackerman and Glory P. Ross of Ackerman Link & Sartory, P.A., West Palm Beach, Anthony P. Pires, Jr. and Steven V. Blount of Woodward, Pires & Lombardo, P.A., Naples, and Jon L. Mills and Timothy McLendon, Gainesville, for Appellant.

Theodore L. Tripp, Jr. of Garvin & Tripp, P.A., Fort Myers, Jacqueline W. Hubbard of Office of the County Attorney, Naples, and Elisa S. Worthington of Elisa S. Worthington, P.A., Pineland, for Appellee Board of County Commissioners of Collier County.

No appearance for Appellees Linda T. Swisher and Paul Wilson.

Fred W. Baggett and M. Hope Keating of Greenberg Traurig, P.A., Tallahassee, for Amicus Curiae Florida Association of Court Clerks.

Herbert W.A. Thiele, Tallahassee, for Amicus Curiae Florida Association of County Attorneys, Inc.

Walter T. Dartland, Tallahassee, for Amicus Curiae Common Cause.

CANADY, Associate Judge.

In this case involving a dispute between appellant, the Clerk of the Circuit Court of Collier County (Clerk), and appellee, the Board of County Commissioners of Collier County, we consider questions concerning the scope of the powers exercised by the Clerk acting in his capacity as county auditor and custodian of all county funds.

The establishment by county employees of a checking account for a fire district controlled by the county...

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