ROBERTO MARTELL, APPELLANT,
v.
ANA STEFANO, ETC., ET AL., APPELLEES
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Roberto Martell appealed a trial court's denial of his motion for injunctive relief seeking to prevent Ana Stefano from appearing on the November 8, 2016 ballot for mayor of the Town of Medley based on alleged failure to meet residency requirements. The appellate court affirmed the trial court's decision, finding no abuse of discretion.
The trial court did not abuse its discretion in denying Martell's motion for injunctive relief. The court affirmed the trial court's order without reaching or expressing any opinion on Martell's count for declaratory relief, which remained pending.
[1] A trial court's order denying a motion for injunctive relief will be affirmed absent an abuse of discretion.
[2] A court may deny a motion for injunctive relief after holding an evidentiary hearing where parties present testimony and exhibits.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Any qualified elector of the Town who has resided in the Town for a minimum of one year preceding the first day of the qualifying period may run for Mayor.”
This establishes the residency requirement from the Medley Town Charter that Martell alleged Stefano failed to meet.
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Join FLexlaw to unlock all legal intelligenceMartell filed a two-count complaint on September 11, 2016, challenging Stefano's eligibility to run for mayor of the Town of Medley. Stefano allegedly…
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Roberto Martell appeals from the trial court’s order denying his motion for in-junctive relief. Martell’s request for in-junctive relief was set forth in one count of a two-count complaint which was filed on September 11, 2016. The second count of that complaint sought declaratory relief, alleging that Ana Stefano was not eligible to run as a candidate for the office of mayor of the Town of Medley because she did not meet the residency requirement set forth in the Medley Town Charter.1 Article VII, Section 6 of that Charter provides in pertinent part: “Any qualified elector of the Town who has resided in the Town for a minimum of one year preceding the first day of the qualifying period may run for Mayor.”
Martell’s request for injunctive relief sought to enjoin the City Clerk and County Supervisor of Elections from placing Stefano’s name on the November 8, 2016 ballot, or, in the event Stefano’s name was already on the ballot,2 to enjoin the City Clerk and Supervisor of. Elections from counting any votes cast for Stefano in the November 8 election.
On September 27, 2016, the trial court held an evidentiary hearing on Martell’s motion for injunctive relief. At the hearing, the parties presented the testimony of several witnesses and introduced numerous exhibits in support of their respective positions. After considering the exhibits and weighing the testimony of the witnesses, the trial court rendered an order denying Martell’s motion for injunctive relief.3
Upon our review of the record in this case, we find no abuse of discretion in the trial court’s order denying Martell’s motion for injunctive relief. We do not reach, or express any opinion on, Martell’s count for declaratory relief, which remains pending in the trial court.
*768This opinion shall take effect immediately, notwithstanding the filing or disposition of any motion for rehearing.
Affirmed.