Opinion
83-1271.
November 22, 1985.
Appeal from the Circuit Court, Montgomery County, Charles Price, J.
William J. Underwood, Tuscumbia, for appellant.
Charles S. Coody, Gen. Counsel, Dept. of Educ., State of Ala., for appellee.
ON REHEARING EX MERO MOTU
This Court's original opinion dated June 21, 1985, is withdrawn and the following is substituted in its place.
Plaintiff/appellant Dan Hindman sought to have his name placed on the ballot for Superintendent of Education of Franklin County. The state superintendent refused to certify him as a candidate, because, in the state superintendent's opinion, Hindman did not meet statutory qualifications. Code 1975, § 16-9-2.
Hindman sought declaratory and injunctive relief which would have enabled him to have his name placed on the ballot as a candidate for election to the office of superintendent. The trial judge denied Hindman's motion for a temporary restraining order, and Hindman appealed here.
We have determined that the trial judge did not abuse his discretion in denying Hindman's request for injunctive relief; therefore, the cause is due to be affirmed.
ON REHEARING EX MERO MOTU: OPINION WITHDRAWN; OPINION SUBSTITUTED; AFFIRMED.
TORBERT, C.J., and JONES, SHORES and BEATTY, JJ., concur.