Carol Elizabeth Scott, Paul Bremer v. Mike Hogan, as Supervisor etc.

• Court: District Court of Appeal of Florida
• Decided: July 3, 2016
• Docket: 16-2773
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

CAROL ELIZABETH SCOTT, NOT FINAL UNTIL TIME EXPIRES TO PAUL BREMER, JENNIE FILE MOTION FOR REHEARING AND BENNETT, and ELIZABETH W. DISPOSITION THEREOF IF FILED WILLIAMS, CASE NO. 1D16-2773 Appellants,

v.

MIKE HOGAN, as Supervisor of Elections for Duval County, Florida; CHRIS H. CHAMBLESS, as Supervisor of Elections for Clay County, Florida; VICKI P. CANNON, as Supervisor of Elections for Nassau County, Florida; ALEXANDER PANTINAKIS, Individually; and DANIEL KENNETH LEIGH, Individually,

Appellees. ___________________________/

Opinion filed July 1, 2016.

An appeal of the Circuit Court for Duval County. Richard R. Townsend, Senior Judge.

Samuel S. Jacobson and Stephanie A. Sussman of Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville; William J. Sheppard, Elizabeth L. White, Matthew Kachergus, Bryan E. DeMaggio, and Jesse B. Wilkison of Sheppard, White, Kachergus & DeMaggio, P.A., Jacksonville, for Appellants/Cross-Appellees.

Craig D. Feiser, Assistant General Counsel, and Jon R. Phillips, Deputy General Counsel, Office of General Counsel, City of Jacksonville, Jacksonville, for Appellee Mike Hogan; Ronald A. Labasky, Tallahassee, and John T. LaVia, III, of Gardner, Bist, Bowden, Bush, Dee, LaVia & Wright, P.A., Tallahassee, for Appellees Vicki P. Cannon and Chris H. Chambless; Lindsey C. Brock III, of Rumrell, McLeod & Brock, PLLC, Lindsey Brock, P.A., Jacksonville, for Appellee/Cross-Appellant, Alexander Pantinakis; Brian P. North of Kenny Leigh & Associates, Fort Walton Beach, for Appellee/Cross-Appellant Daniel Kenneth Leigh.

PER CURIAM.

Appellants seek review of an order dismissing their complaint with prejudice for

failure to state a cause of action. We expedited review at Appellants’ request.

Appellants’ complaint raised two counts, one seeking a declaratory judgment

that appellee Leigh’s write-in candidacy is a “sham” and therefore is not “opposition”

within the meaning of Article VI, section 5(b) of the Florida Constitution, and the other

a claim under 42 U.S.C. § 1983. We affirm the dismissal of the first count based on

Brinkmann v. Francois, 184 So. 3d 504 (Fla. 2016), and we affirm the dismissal of the

second count without comment.

We also affirm without comment the issue raised on cross appeal.

AFFIRMED.

WETHERELL, ROWE, and WINSOR, JJ., CONCUR.