ALEX DIAZ DE LA PORTILLA
v.
MIGUEL ANGEL GABELA, ET AL.
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.
A post-election challenge to a candidate's failure to meet the one-year residency qualification requirement for city commission is not permitted under Florida law.
[1] A candidate's failure to satisfy pre-election residency qualifications for public office cannot be challenged in a post-election proceeding under Florida law, as such qua…
Previewing 1 of 1 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“The plain language of the City's district residency requirement doesn't require continuous residency, or residency immediately preceding qualification.”
City of Miami v. Gabela, 390 So. 3d 65, 70 (Fla. 3d DCA 2023)
Alex Díaz De La Portilla appealed a circuit court decision regarding his qualification to run for Miami City Commission. The case involved whether res…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Third District Court of Appeal State of Florida
Opinion filed October 1, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1948 Lower Tribunal No. 23-26808-CA-01 ________________
Alex Díaz De La Portilla, Appellant,
vs.
Miguel Angel Gabela, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.
Michael A. Pizzi, Jr., P.A., and Michael A. Pizzi, Jr., for appellant.
Lydecker LLP, and Forrest L. Andrews, for appellees Todd Hannon and The City of Miami Canvassing Board; Law Firm of Juan-Carlos Planas, P.A., and Juan-Carlos Planas, for appellee Miguel Angel Gabela.
Before EMAS, MILLER and LOBREE, JJ.
PER CURIAM.
2
Affirmed. See § 4(c), City of Miami Charter (2023) (“Qualifications of mayor and city commission; . . . [C]andidates for the city commission shall have resided within the district at least one (1) year before qualifying and be electors in that district, and shall maintain residence in that district for the duration of their term of office.”); City of Miami v. Gabela, 390 So. 3d 65, 70 (Fla. 3d DCA 2023) (Gabela I) (“The plain language of the City's district residency requirement doesn't require continuous residency, or residency immediately preceding qualification.”); see also Leon v. Carollo, 246 So. 3d 490, 496-97 (Fla. 3d DCA 2018) (finding that the one-year residency requirement in section 4(c) is a “qualification to run for office”—not an eligibility requirement to hold office—and holding: “[S]ection 102.168(3)(b) does not allow a post-election challenge to a candidate's failure to meet the qualification requirements necessary to run for office.”).