JOHN GILL, APPELLANT,
v.
CITY OF NORTH MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, APPELLEE
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.
The court held that the appeal should be dismissed as moot because the election sought to be enjoined has already occurred.
Appellant sought to enjoin a special election for a city council vacancy, alleging he was improperly denied the right to qualify as a candidate due to…
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.
Explore caselaw by topic → Browse Motion To Quash Service Of Process cases and more on FLexlaw
Appellant, plaintiff, sought to enjoin the-appellee from holding a special election on. June 25, 1963 to fill a vacancy on the city council.
The appellee had passed two ordinances specifying the time within which a candidate-was required to qualify prior to the election.. One ordinance stated generally that qualification was allowed up to thirty days prior to the election; the other specified that a candidate had until May 24, 1963 within-which to qualify, i. e., thirty-one days prior to the election. Appellant alleged that he presented himself at the city hall on May 25, 1963 for the purpose of qualifying as a candidate but was improperly denied such right.
This interlocutory appeal was taken from an order denying appellant’s application for a temporary injunction. The appealed order also denied appellee’s motion to quash the sheriff’s service of process. Appellee filed cross assignments of error with regard to that portion of the order.
Inasmuch as the election sought to be enjoined has already been held, the issues presented by this appeal have become moot.1 *183Accordingly, this appeal should'be and is ■dismissed on our own motion without prejudice to the right of the appellant to pursue such other action for relief as he may be .advised.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Friends OF THE Everglades, Inc. v. S. Fla. Reg'l Planning Council & City Nat'l Bank of Miami, 447 So. 2d 902 (Fla. 3d DCA 1984)…of Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981); Gulf Life Insurance Company v. Newell’s Incorporated, 226 So. 2d 858 (Fla. 4th DCA 1969); In re Estate of Lindsay, 207 So. 2d 736 (Fla. 4th DCA 1968); Gill v. City of North Miami Beach, 156 So. 2d 182 (Fla. 3d DCA 1963); Coursen v. City of South Daytona, 127 So. 2d 905 (Fla. 1st DCA 1961); Bliven v. Turville, 100 So. 2d 91 (Fla. 2d DCA 1958). Appeal dismissed.…
-
Representative Geraldine F. Thompson v. Governor Ron DeSantis, 301 So. 3d 180 (Fla. 2020)…464 (Fla. 1929) (dismissing the case because the issue of whether the county commissioners should be prohibited from placing a particular name on the ballot for the office of county judge was moot after the election); Gill v. City of N. Miami Beach, 156 So. 2d 182, 182 (Fla. 3d DCA 1963) (“Inasmuch as the election sought to be enjoined has already been held, the issues presented by this appeal have become moot.”). Justice Couriel has since assumed office and participated in cases. To be clear, there is no d…
-
Halloran v. Pensacola Ass'n OF Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981)…Since the temporary suspension from membership sought to be enjoined has already expired, the issues presented by this appeal have become moot. Coursen v. City of South Daytona, 127 So. 2d 905 (Fla. 1st DCA 1961); Gill v. City of North Miami Beach, 156 So. 2d 182 (Fla. 3d DCA 1963); Chafetz v. Greene, 203 So. 2d 18 (Fla. 3d DCA 1967). Accordingly, this appeal is dismissed on our own motion without prejudice to the right of appellant to pursue such other action for relief as he may be advised. Appeal dismis…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Granville v. State (Fla. 1st DCA 2024)
- Barrs v. Peacock, 65 Fla. 12 (Fla. 1913)
- Tyler v. Peacock, 98 Fla. 981 (Fla. 1929)
- Nathan v. Dep't of State, 265 So. 3d 656 (Fla. 1st DCA 2019)
- Mazel v. Am. Title & Ins. Co., 127 So. 2d 905 (Fla. 3d DCA 1961)
- Coursen v. City OF S. Daytona, 127 So. 2d 905 (Fla. 1st DCA 1961)