BERNARD WEITHORN, INDIVIDUALLY AND AS PAST PRESIDENT OF THE CIVIL ACTION COMMITTEE OF NORTH DADE, INC., AND ALL OTHER PERSONS SIMILARLY SITUATED, APPELLANT,
v.
PAUL D. ADELSTEIN, LEONARD C. SAUER, JOHN G. BEAN, ABRAHAM CHASAN AND A. J. KAPLAN, APPELLEES
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A citizen challenged the election of North Miami Beach city council members in circuit court, alleging violations of the municipal election code. The court held that election code violations must be prosecuted in municipal court, not circuit court, and affirmed the dismissal of the complaint.
Claims alleging violations of a municipal election code incorporated by reference from state statutes must be prosecuted in municipal court, not circuit court, consistent with the municipality's charter provisions for trying offenses against municipal ordinances.
“Any violations thereof should be prosecuted the same as any other ordinance of the municipality, to wit: in the municipal court wherein jurisdiction generally is lodged under the municipal charter to try offenses against municipal ordinances”
Establishes that incorporated election code violations are municipal ordinance violations prosecutable only in municipal court
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Join FLexlaw to unlock all legal intelligenceThe City of North Miami Beach adopted the state election code by reference in a municipal ordinance. Following a municipal election in spring 1967, ap…
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The City of North Miami Beach allegedly adopted the State election code by reference in an ordinance, pursuant to § 104.45, Fla. Stat., F.S.A.
The City of North Miami Beach conducted an election in the spring of this year. The appellees were successful candidates for positions on the City Council. Proceedings alleging violations of the municipal election code were instituted in the municipal court, and are pending therein at this time. Following the election and following the charges in the municipal court, the appellant instituted an action in the circuit court, under the authority of Ch. 104, Fla.Stat., F.S.A. alleging violations of the election code by the appellees in the recent municipal election, and sought to have the chancellor declare that the appel-lees had violated the municipal election ordinances and to declare their offices vacant. The complaint as amended also sought an accounting of funds expended in the recent municipal election by a political organization. Counsel for the appellant sought to take depositions upon short notice. The chancellor denied the right to take the depositions, and dismissed the amended complaint. This appeal ensued. We affirm.
The enactment of an ordinance which incorporated, by reference, the State election code into the ordinances of the City of North Miami Beach, had the effect of making the State statutes ordinances of said City. Any violations thereof should be prosecuted the same as any other ordinance of the municipality, to wit: in the municipal court wherein jurisdiction generally is lodged under the municipal charter to try offenses against municipal ordinances, and specifically provided in the charter of the City of North Miami Beach for violations of election provisions.1
We find that the amended complaint failed to state a cause of action for accounting and was premature, under the circumstances. Having so determined, we find no error in the chancellor’s refusing to advance the time for taking of depositions by the plaintiff.
Therefore, the final order dismissing the amended complaint be and the same is hereby affirmed.
Affirmed.
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City OF N. Miami Beach v. Estes, 214 So. 2d 644 (Fla. 3d DCA 1968)…f Florida plus costs and necessary expenses to be paid by the City of North Miami Beach in an amount not to exceed $1,000.” . Weithorn v. Adelstein et al., Dade County Circuit Court Case No. 67-7846. . Weithorn v. Adelstein et al., Fla.App. 1967, 201 So. 2d 643 (affirming trial court).…
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Adelstein v. Mun. Court OF the City OF N. Miami Beach, 210 So. 2d 269 (Fla. 3d DCA 1968)…PER CURIAM. Affirmed. See Weithorn v. Adelstein, Fla.App.1967, 201 So. 2d 643.…
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Weithorn v. Adelstein, 207 So. 2d 455 (Fla. 1967)…Certiorari denied without opinion. 201 So. 2d 643.…