MARVIN BERKMAN ET AL., APPELLANTS,

v.

VILLAGE OF PALM SPRINGS, FLORIDA, A MUNICIPAL CORPORATION, AND THE STATE OF FLORIDA, APPELLEES

Citator

Cited By

• In re Advisory Opinion TO THE Governor (Judicial Vacancies), 600 So. 2d 460 (Fla. 1992)
  …to achieve, resulting in a circuit being deprived of a judge for up to six months. We did not intend to prohibit an interim appointment effective to the time an elected judge assumes office. Indeed, we had previously said in In re Advisory Opinion, 301 So. 2d 4, 6 (Fla.1974), that “[i]t is clear that the present constitutional provision contemplates the utilization of the new appointive process to fill judicial vacancies until the next judicial election.”4 We should have been more precise and directed appo…

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• Jud. Nominating Comm'n v. Graham, 424 So. 2d 10 (Fla. 1982)
  …be filled by election rather than by appointment only when “the effective date of the vacancy coincided with the commencement of the terms of other judicial officers elected during the same elective process.” In re Advisory Opinion to the Governor, 301 So. 2d 4, 7 (Fla.1974). See Spector v. Glisson, 305 So. 2d 777 (Fla.1974). Here, of course, the vacancies are not scheduled to occur at the time of the commencement of the terms of other judicial officers and the above criterion is not met. The vacancies ha…

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• Advisory Opinion to the Governor re Sheriff & Jud. Vacancies Due to Resignations, 928 So. 2d 1218 (Fla. 2006)
  …ments in our opinions addressing judicial vacancies. You note that we have stated both that “a vacancy does not occur until the date upon which the office actually becomes vacant,” In re Advisory Opinion of the Governor Request of September 6, 1974, 301 So. 2d 4, 6 (Fla.1974), and that a vacancy occurs “[wjhen a letter of resignation to be effective at a later date is received and accepted by you.” Judicial Vacancies, 600 So. 2d at 462. In Judicial Vacancies, we acknowledged our prior statement that “a vac…

Authorities Cited

• State v. City of N. Miami, 73 So. 2d 899 (Fla. 1954)
• City OF N. Miami Beach v. Knap, 131 So. 2d 747 (Fla. 3d DCA 1961)