MAURICE BALLARD, APPELLANT,
v.
JAMES COWART, RALPH SMITH, LUKE WALDRON, TOM COOPER, AND CONARD MOYE, CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA, APPELLEES
Appellant appeals a final declaratory judgment whereby the learned trial judge determined that appellant was not qualified to become a candidate for County Commissioner of Hardee County, Florida, by reason of the provisions of Chapter 70-80, Laws of Florida, 1970.
The trial court found that the appellant is a duly appointed member of the Hospital District Board of Hardee County, whose term of office has not expired and who had not tendered his resignation from said office in accordance with Chapter 70-80, Laws of Florida, 1970.
In the final judgment the trial court also found:
“2. Plaintiff is the holder of an ‘elective or appointive office’ within the purview of Chapter 70-80, Laws of Florida, 1970.
“3. The term ‘elective or appointive office’ exhausts the enumeration of the series, and the following term, viz., ‘whether state, county, or municipal’ does not in any way limit the exhaustive term, so that the doctrine of ejusdem generis has no application. [Citation omitted.]”
We adopt the above finding and interpretation of Chapter 70-80, Laws of Florida, 1970, as the opinion of this court.
Therefore, the final declaratory judgment appealed is affirmed.
HOBSON, C. J., and LILES and Mc-NULTY, JJ., concur.
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State ex rel. Representative Gwendolyn S. Cherry v. Stone, 265 So. 2d 56 (Fla. 1st DCA 1972)…(2), Florida Statutes, is not without merit. The appointive office from which Wright allegedly did not resign appears not unlike the offices considered by the court in Orange County v. Gillespie, 239 So. 2d 132 (Fla.App.1970), and Ballard v. Cowart, 238 So. 2d 484 (Fla.App.1970), in which the courts held that the Resign-to-Run Law applies to an appointed member of the East Central Florida Regional Planning Council and an appointed member of the Hospital District Board of Hardee County. Both of these actions w…
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Orange Cnty. v. Gillespie, 239 So. 2d 132 (Fla. 4th DCA 1970)…er with state-wide jurisdiction. Nonetheless, it appears to have been the legislative intent in enacting Chapter 70-80, supra, to cover elective and appointive officers at all levels of government. Ballard v. Cowart, Second District Court of Appeal, 238 So. 2d 484, opinion filed August 14, 1970. The trial court held, and we agree, that Mr. Hagan having been appointed by the Orange County Commission, held an appointive office within the concept of the term “appointive” as used in Chapter 70-80, supra. The pre…
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W.W. Ingham, Jr. v. Honorable Frank N. Kaney, 456 So. 2d 592 (Fla. 5th DCA 1984)…d caselaw on this subject,1 we should affirm — not dismiss— this appeal. . See Evers v. Lacy, 257 So. 2d 70 (Fla. 2d DCA 1972); Orange County v. Gillespie, 239 So. 2d 132 (Fla. 4th DCA), cert. denied, 239 So. 2d 825 (Fla.1970); Ballard v. Cowart, 238 So. 2d 484 (Fla. 2d DCA 1970).…