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194 So. 3d 1094

Scott v. Hogan

District Court of Appeal of Florida · decided 2016-07-01

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on 184 So. 3d 504 - Jennifer Brinkmann v. Tyron Francois, etc.

Decided 2016-07-01

PER CURIAM.

¶1Appellants seek review of an order dismissing their complaint with prejudice for failure to state a cause of action. We expedited review at Appellants’ request.

¶2Appellants’ complaint raised two counts, one seeking a declaratory judgment that appellee Leigh’s write-in candidacy is a “sham” and therefore is not “opposition” within the meaning of Article VI, section 5(b) of the Florida Constitution, and the other a claim under 42 U.S.C. § 1983. We affirm the dismissal of the first count based on Brinkmann v. Francois, 184 So.3d 504 (Fla.2016), and we affirm the dismissal of the second count without comment.

¶3We also affirm without comment the issue raised on cross appeal.

¶4AFFIRMED.

WETHERELL, ROWE, and WINSOR, JJ., concur.
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