Peacock v. Wise

District Court of Appeal of Florida

Peacock v. Wise

351 So. 2d 1134, 1977 Fla. App. LEXIS 17054

CourtDistrict Court of Appeal of Florida

DecidedNovember 18, 1977

DocketNo. FF-402

StatusPublished

Cited by1 cases

This text of 351 So. 2d 1134 (Peacock v. Wise) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peacock v. Wise, 351 So. 2d 1134, 1977 Fla. App. LEXIS 17054 (Fla. Ct. App. 1977).

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Opinion

SMITH, Judge.

An appeal from a judgment declaring all absentee ballots invalid in a party primary [1135]*1135in Calhoun County and ousting appellant from the office of clerk of the circuit court as a result. The trial court’s conclusion that at least 25 absentee ballots were void because the ballot and “application for absent elector’s ballot” were mailed to the supervisor of elections in the same envelope, Section 101.67(3), Florida Statutes (1975), is supported by substantial competent evidence. The trial court properly ruled that all absentee ballots would not be counted. “[WJhere the number of invalid absentee ballots is more than enough to change the result of the election, then the election shall be determined solely upon the basis of the machine ballot.” Boardman v. Esteva, 323 So.2d 259, 268 (Fla.1975), app. dism., 425 U.S. 967, 96 S.Ct. 2162, 48 L.Ed.2d 791 (1976). The judgment is

AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur.

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SMITH, Judge.

An appeal from a judgment declaring all absentee ballots invalid in a party primary [1135]*1135in Calhoun County and ousting appellant from the office of clerk of the circuit court as a result. The trial court’s conclusion that at least 25 absentee ballots were void because the ballot and “application for absent elector’s ballot” were mailed to the supervisor of elections in the same envelope, Section 101.67(3), Florida Statutes (1975), is supported by substantial competent evidence. The trial court properly ruled that all absentee ballots would not be counted. “[WJhere the number of invalid absentee ballots is more than enough to change the result of the election, then the election shall be determined solely upon the basis of the machine ballot.” Boardman v. Esteva, 323 So.2d 259, 268 (Fla.1975), app. dism., 425 U.S. 967, 96 S.Ct. 2162, 48 L.Ed.2d 791 (1976). The judgment is

AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur.

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Bluebook (online)

351 So. 2d 1134, 1977 Fla. App. LEXIS 17054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peacock-v-wise-fladistctapp-1977.

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