CITY OF MIAMI AND DAVID LEAHY, SUPERVISOR OF ELECTIONS, METRO-DADE ELECTIONS DEPARTMENT, APPELLANTS,
v.
DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, APPELLEE
PER CURIAM.
The injunction entered below, which precluded an election on a proposed City of Miami charter amendment concerning the membership of the city’s Department of Off-Street Parking, is reversed and the cause is remanded with directions to dismiss the complaint. We reach this result, without prejudice to an appropriate subsequent determination on the merits if the amendment succeeds at the polls, because the circumstances fall far short of meeting the requirements for the drastic remedy of enjoining a duly authorized election. See Board of County Commissioners v. Wilson, 386 So. 2d 556 (Fla.1980); Rivergate Restaurant Corp. v. Metropolitan Dade County, 369 So. 2d 679 (Fla. 3d DCA1979); Wilson v. Dade County, 369 So. 2d 1002 (Fla. 3d DCA1979), cert. denied, 373 So. 2d 457 (Fla.1979). At this stage at least, the wisdom of the issue in question may properly be determined only by the electorate.
Reversed and remanded with directions.1
. No motion for rehearing will be entertained and the mandate will issue forthwith.
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State v. Chapman, 625 So. 2d 838 (Fla. 1993)…McDonald, justice. We review Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992), because of conflict with Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991). We have jurisdiction under article V, section 3(b)(3), Florida Constitution, and approve Chapman. A jury convicted Chapman of both DUI manslaughter a…
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Cooper v. State, 621 So. 2d 729 (Fla. 5th DCA 1993)…le accident. See Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991), cause dismissed, 599 So. 2d 656 (Fla.1992) (involving the homicide offenses of DUI manslaughter and culpable negligence manslaughter resulting in a single death); Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992), rev. granted, 618 So. 2d 210 (Fla. 1993) (involving the homicide offenses of DUI manslaughter and vehicular homicide resulting in a single death). In Kurtz, the court reviewed the issue of whether an accused could be convicted…
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Goodwin v. State, 610 So. 2d 31 (Fla. 4th DCA 1992)…eopardy clause. We follow our prior opinion in Murphy v. State, 578 So. 2d 410 (Fla. 4th DCA 1991), which held that convictions for DUI manslaughter and vehicular homicide arising out of one death would stand. We note conflict with Chapman v. State, 604 So. 2d 942 (Fla. 5th DCA 1992) and Kurtz v. State, 564 So. 2d 519 (Fla. 5th DCA 1991), and certify the following question to be of great public importance: WHETHER A DEFENDANT CAN BE CONVICTED AND SENTENCED FOR UBAL MANSLAUGHTER AND VEHICULAR HOMICIDE ARISING…
Authorities Cited
- Metro. Dade Cnty. v. Martin, 369 So. 2d 679 (Fla. 3d DCA 1979)
- Bd. OF Cnty. Comm'rs OF Dade Cnty. v. Wilson, 386 So. 2d 556 (Fla. 1980)
- Wilson v. Dade Cnty., 369 So. 2d 1002 (Fla. 3d DCA 1979)
- THE Fla. BAR. Re Petition TO Amend Fla. BAR Integration Rule, 386 So. 2d 556 (Fla. 1980)