ANDRE FLADELL, ET AL., APPELLANTS,
v.
PALM BEACH COUNTY CANVASSING BOARD, ETC., ET AL., APPELLEES; JULIUS KATZ, ET AL., APPELLANTS, V. FLORIDA ELECTIONS CANVASSING COMMISSION, ETC., ET AL., APPELLEES

Fla. | 2000-12-01
Nos. SC00-2373, SC00-2376
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
772 So. 2d 1240 Florida Supreme Court (2000) Positive Treatment
Cited by 28 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida Supreme Court reviewed a trial court dismissal of complaints challenging the legality of the Palm Beach County ballot used in the November 7, 2000, presidential election. The court affirmed the dismissal, holding that the ballot form did not constitute substantial noncompliance with statutory election requirements warranting voiding the election.


Holding

The court held that even accepting appellants' allegations, the Palm Beach County ballot did not constitute substantial noncompliance with statutory election requirements mandating voiding of the election. Therefore, the trial court properly dismissed the complaints with prejudice.


Headnotes

[1] Exhibits attached to a pleading become a part of the pleading for all purposes and must be considered in determining a motion to dismiss if they facially negate the cause…

[2] A court should not void an election for ballot form defects unless such defects cause the ballot to be in substantial noncompliance with statutory election requirements.

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Key Quotes

“a court should not void an election for ballot form defects unless such defects cause the ballot to be in substantial noncompliance with the statutory election requirements”

Establishes the governing legal standard for when ballot defects warrant voiding an election

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Facts & Procedural History

On November 7, 2000, Palm Beach County used a ballot form in the presidential election that appellants claimed was confusing and defective. Appellants…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review a trial court order appealed to the Fourth District Court of Appeal, which certified the order to be of great public importance and to require immediate resolution by this Court. We have jurisdiction pursuant to article V, section 3(b)(5) of the Florida Constitution.

The issue in this case concerns the legality of the form of the ballot used in Palm Beach County, Florida, in the November 7, 2000, general election for the President and Vice President of the United States. The remedy sought by the appellants 1 is a re-vote, a new election, or a statistical reallocation of the election totals in Palm Beach County..

In the trial court below, the appellants filed complaints containing several claims for declaratory, injunctive, and other relief. After holding a hearing, the trial court denied relief. The appellants appealed to the Fourth District Court of Appeal, which certified the trial court’s order to this Court based on the Court’s “pass-through” jurisdiction. In their briefs, the appellants have asked this Court to rule on the legality of the Palm Beach County ballot. They claim that the ballot is patently defective on its face in that the form and design of the ballot violated the statutory requirements of Florida election law. The appellants contend that the ballot was confusing and, as a result, they fear that they may have cast their vote for a candidate other than the one they intended.

The ballot form alleged to be patently defective was attached to the complaints as an exhibit. Exhibits attached to a pleading become a part of the pleading for all purposes. See Fla. R. Civ. P. 1.130(b). If an exhibit facially negates the cause of action asserted, the document attached as an exhibit controls and must be considered in determining a motion to dismiss. See Health Application Sys., Inc. v. Hartford Life & Accident Ins. Co., 381 So. 2d 294, 297 (Fla. 1st DCA 1980).

As a general rule, a court should not void an election for ballot form defects unless such defects cause the ballot to be in substantial noncompliance with the statutory election requirements. See Nelson v. Robinson, 301 So. 2d 508, 510 (Fla. 2d DCA 1974) (rejecting a post-election challenge based upon an alleged defect in the alignment of the candidates’ names on the ballot). When considering a petition alleging a violation in the form of the ballot,2 “a vital consideration guiding the courts in determining whether an election should be voided is the reluctance to reach a decision which would result in the disfranchisement of the voters. Indeed, as regards defects in ballots, the courts have generally declined to void an election unless such defects clearly operate to prevent that free, fair and open choice.” Id. at 510.

In the present case, even accepting appellants’ allegations, we conclude as a matter of law that the Palm Beach County ballot does not constitute substantial noncompliance with the statutory requirements mandating the voiding of the election. This was the threshold issue in respect to whether the complaints stated a cause of action. Accordingly, we affirm the trial court’s dismissal with prejudice of the complaints. Because the dismissal would be proper on that basis, we conclude that all other issues ruled upon by the trial court were not properly reached and, therefore, the court’s rulings thereon are a nullity.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . The appellants in this case are electors from Palm Beach County.

. We note that in this case we consider and rule upon only the narrow issue regarding the form of the ballot in Palm Beach County.


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Citator

Cited By (17 total)

  • Friedman v. NEW York Life Ins. Co., 985 So. 2d 56 (Fla. 4th DCA 2008)
    …ees approved a rate adjustment for the May 1 renewal for all Major Medical Plans.” While appellant claims that New York Life raised the premiums, exhibit “D” suggests that the trustees of AVMA did so. See Fladell v. Palm Beach County Canvassing Bd., 772 So. 2d 1240, 1242 (Fla.2000) (“If an exhibit facially negates the cause of action asserted, the document attached as an exhibit controls and must be considered in determining a motion to dismiss.”). Statutory requirements for group insurance policies can be th…
  • State v. Beach BLVD Auto., Inc., 139 So. 3d 380 (Fla. 1st DCA 2014)
    …ss you agree to pay the additional cost by signing below.” As Appellees argue, when an exhibit negates a cause of action, the exhibit’s plain language controls and may be the basis for a motion to dismiss. Fladell v. Palm Beach Cnty. Canvassing Bd., 772 So. 2d 1240, 1242 (Fla.2000); see also Southworth & McGill, P.A. v. S. Bell Tel. & Tel. Co., 580 So. 2d 628, 631 (Fla. 1st DCA 1991). We agree with Appellees that the cited language negates Appellant’s allegations that Appellees added credit life and credit dis…
  • Appel v. Lexington Ins. Co., 29 So. 3d 377 (Fla. 5th DCA 2010)
    …ch the pleader relies in the complaint directly conflicts with the allegations of the complaint, the variance is fatal and the complaint is subject to dismissal for failure to state a cause of action. See Fladell v. Palm Beach County Canvassing Bd., 772 So. 2d 1240, 1242 (Fla.2000); Geico Gen. Ins. Co. v. Grad, 849 So. 2d 1196, 1199 (Fla. 4th DCA 2003). “[A]n insurer must defend a lawsuit against its insured if the underlying complaint, when fairly read, alleges facts which create potential coverage under [th…

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