HARRY ROBERT OVERLY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Thompson v. Napotnik, 923 So. 2d 537 (Fla. 5th DCA 2006)
  …the commission of some act that is unlawful and related to the elected official’s performance of his duties in office. Taines v. Galvin, 279 So. 2d 9, 10 (Fla.1973); Moultrie v. Davis, 498 So. 2d 993 (Fla. 4th DCA 1986); see also Bent v. Ballantyne, 368 So. 2d 351 (Fla.1979). The instant recall petition alleges that Thompson violated Florida law; namely, the provisions of Florida’s Sunshine Law, by engaging in an unauthorized meeting with other city commissioners regarding the closing of a local trailer park…
• Moultrie v. Davis, 498 So. 2d 993 (Fla. 4th DCA 1986)
  …legal act in an improper or illegal manner), neglect of duty, drunkenness, conviction of a felony, incompetence and permanent inability to perform official duties. See Wolfson v. Work, 326 So. 2d 90 (Fla. 2d DCA [*996] 1976); and Bent v. Ballantyne, 368 So. 2d 351 (Fla. 1979). This court’s sole function in the case at bar is to review the petition to determine whether the facts alleged in the recall petition are sufficient to establish any grounds for recall pursuant to section 100.361(l)(b). It is not our p…
• Alvis Davis and Curtis Miners v. Lewis Friend as Chairman of the Save Our City Comm., 507 So. 2d 796 (Fla. 4th DCA 1987)
  …l were unfounded and false. We affirm the trial court’s refusal to conduct an evidentiary hearing on the substance of the remaining ground for recall. The factual validity of the alleged ground is for the voters to determine. See Bent v. Ballantyne, 368 So. 2d 351 (Fla.1979). However, we agree with appellants that the instant recall proceedings, predicated from the outset on four (4) substantive charges, cannot serve as the basis for a recall election now that three (3) of the four (4) charges have been stric…

Authorities Cited

• State v. Rodriquez, 365 So. 2d 157 (Fla. 1978)