Klein v. Carannante

District Court of Appeal of Florida

Klein v. Carannante

778 So. 2d 1093, 2001 Fla. App. LEXIS 3618, 2001 WL 256348

District Court of Appeal of Florida·Decided March 9, 2001·No. No. 4D01-711·Published

Opinion

PER CURIAM.

We affirm the ruling of the trial court denying the petition for injunction to remove the appellee’s name from the ballot for election to the City Council of Boca Raton. Appellant claimed that appellee Kneiser had failed to comply with the resign to run statute. See § 99.012, Fla. Stat. (2000). In its thorough final judgment, the court determined that based upon the letter of resignation as well as testimony of the appellee, including his subsequent immediate resignation from the Airport Authority, the requirements of an irrevocable resignation from the Authority had been met, that his intentions to resign were not equivocal, and that there had been substantial compliance with the election law. See Beckstrom v. Volusia County Canvassing Bd., 707 So.2d 720 (Fla.1998)(sub-stantial compliance, not strict compliance of the election laws is what is required). This was a factual determination for the trial court to make.

Affirmed.

WARNER, C.J., FARMER and STEVENSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the ruling of the trial court denying the petition for injunction to remove the appellee’s name from the ballot for election to the City Council of Boca Raton. Appellant claimed that appellee Kneiser had failed to comply with the resign to run statute. See § 99.012, Fla. Stat. (2000). In its thorough final judgment, the court determined that based upon the letter of resignation as well as testimony of the appellee, including his subsequent immediate resignation from the Airport Authority, the requirements of an irrevocable resignation from the Authority had been met, that his intentions to resign were not equivocal, and that there had been substantial compliance with the election law. See Beckstrom v. Volusia County Canvassing Bd., 707 So.2d 720 (Fla.1998)(sub-stantial compliance, not strict compliance of the election laws is what is required). This was a factual determination for the trial court to make.

Affirmed.

WARNER, C.J., FARMER and STEVENSON, JJ., concur.

Klein v. Carannante, 778 So. 2d 1093, 2001 Fla. App. LEXIS 3618, 2001 WL 256348 (Fla. Ct. App. 2001).

Pincite

778 So. 2d 1093 (Klein v. Carannante) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related