Opinion
No. 4D01-711
Opinion filed March 9, 2001.
An Appeal from the Circuit Court for Palm Beach County, Jorge Labarga, Judge. Lower Tribunal No. 01-1591.
David J. Weiss and Beth M. Gordon of Parrillo, Weiss O'Halloran, Boca Raton, for appellant.
Diana Grub Frieser, city Attorney, and John O. McKirchy, Assistant City Attorney, Boca Raton, for appellee-Sharma Carannante.
Frank Kneiser, Boca Raton, pro se.
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 intention to resign were not equivocal, and that there had been substantial compliane with the election law. See Beckstrom v. Volusia County Canvassing Bd., 707 So.2d 720 (Fla. 1998)(substantial 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, D.J., FARMER and STEVENSON, JJ., concur.