WILLIAM S. ABRAMSON, APPELLANT,
v.
JERALD S. BEER, APPELLEE
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Court affirmed dismissal of petition for mandatory injunction to remove judicial candidate from ballot because plaintiff failed to name indispensable parties (election officials) as defendants.
An election official is an indispensable party to proceedings seeking injunctive ballot relief, and failure to name such parties requires dismissal.
[1] An election official is an indispensable party to proceedings seeking injunctive relief regarding ballot placement and must be named as a defendant for the court to issue…
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Join FLexlaw to unlock all legal intelligence“all persons materially interested, either legally or beneficially, in the subject matter of a suit, must be made parties, either as complainants or defendants, so that a complete decree may be made binding on all parties”
Court cited McAdoo v. Moses for the principle that indispensable parties must be included in litigation affecting them.
William Abramson, a registered voter, sought a mandatory injunction to remove Jerald Beer from the September 5, 2006 circuit court judge ballot, claim…
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TAYLOR, J.
William S. Abramson, a registered voter in Palm Beach County, appeals the denial of his petition for a mandatory injunction requiring the Secretary of State to order the Supervisor of Elections to remove from the September 5, 2006 election ballot the name of Jerald S. Beer, a candidate for circuit court judge, Group 13. Abramson asserted that Beer was required to resign from his position as a traffic court hearing officer in order to seek election to judicial office, under Florida’s “resign-to-run” law, section 99.012, Florida Statutes (2005). Because Abramson failed to name either the Secretary of State or the Supervisor of Elections as a defendant in this suit, we affirm without ruling on the merits. An election official is an indispensable party to proceedings for the injunctive ballot relief sought in this case. See McAdoo v. Moses, 101 Fla. 936, 132 So. 638, 639 (1931) (holding that “all persons materially interested, either legally or beneficially, in the subject matter of a suit, must be made parties, either as complainants or defendants, so that a complete decree may be made binding on all parties”) (quoting Robinson v. Howe, 35 Fla. 73, 17 So. 368 (1895)); see also Fla. R. Civ. P.1.610(c).
Affirmed.
SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Abramson v. Beer, 940 So. 2d 586 (Fla. 4th DCA 2006)…FARMER, J. Once again this ballot dispute comes before us. See Abramson v. Beer, 936 So. 2d 1208 (Fla. 4th DCA 2006). The Secretary of State and Supervisor of Elections have now been properly joined. The trial judge has denied appellant’s claim for a mandatory injunction to remove Candidate Beer’s name from the ballot. The argument is that Bee…
Authorities Cited
- Robinson v. Howe, 35 Fla. 73 (Fla. 1895)
- McAdoo v. Moses, 101 Fla. 936 (Fla. 1931)