Scott v. Hogan

District Court of Appeal of Florida

Scott v. Hogan

194 So. 3d 1094, 2016 Fla. App. LEXIS 10269, 2016 WL 3581294

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 2016

DocketNo. 1D16-2773

StatusPublished

This text of 194 So. 3d 1094 (Scott v. Hogan) 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

Scott v. Hogan, 194 So. 3d 1094, 2016 Fla. App. LEXIS 10269, 2016 WL 3581294 (Fla. Ct. App. 2016).

Pincite

Opinion

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.

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