Levy v. Simpkins

Full title: RON LEVY, as Councilman of Islamorada, Village of Islands, Appellant, v…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 25, 2001

782 So. 2d 1013 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-919.

Opinion filed April 25, 2001.

An appeal of a non-final order from the Circuit Court of Monroe County, Luis M. Garcia, Jr., Judge. Lower Tribunal Case No. 01-190.

Stearns Weaver Miller Weissler Alhadeff Sitterson and Eugene Stearns, for appellant.

John A. Jabro (Tavernier); Weiss Serota Helfman Pastoriza Guedes, for appellees.

Before Gersten, Fletcher, and Shevin, JJ.

PER CURIAM.

This is an appeal of the trial court's order denying appellant, Ron Levy, as a councilman of Islamorada, Village of Islands, declaratory and injunctive relief in connection with a recall petition. Finding that the recall petition is insufficient as a matter of law because, inter alia, it fails to identify the person designated as the chair of the recall committee as required by section 100.361(1)(a)(6), Florida Statutes (2000), we reverse and remand with directions that the temporary injunction be entered pending further proceedings.