B. M. WOODCOCK AND DOROTHY WOODCOCK, HIS WIFE; AND ELSIE W. GODWIN AND JUANITA M. GODWIN, HIS WIFE, APPELLANTS,
v.
CITY OF FORT PIERCE, FLA., A MUNICIPAL CORPORATION; RAYMOND PADGETT, AS MAYOR-COMMISSIONER OF THE CITY OF FT. PIERCE, FLA.; GEORGE M. RUSSOS; GEORGE W. KUENNETH; J. H. WALKER; W. H. REED, AS CITY COMMISSIONERS OF THE CITY OF FT. PIERCE, FLA., & FRANK HOGAN, ETC., APPELLEES

Fla. 2d DCA | 1962-01-05
No. 2669
136 So. 2d 689 Florida District Court of Appeal, Second District (1962)

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Synopsis

The court is reviewing an interlocutory appeal from an order granting a temporary injunction to restrain a recall election for city commissioners.


Holding

The court acknowledged that the granting of a temporary injunction is within the chancellor's discretion and that the appellant bears the burden to show clear error.


Facts & Procedural History

City commissioners sought to enjoin a recall election, alleging the recall affidavit lacked sufficient grounds and indicated no misconduct. The trial …

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Opinion of the Court

It appearing that the appellants have failed to prosecute the appeal in this cause in accordance with the provisions of the Florida Appellate Rules, 31 F.S.A., it is, upon consideration

Ordered by the Court sua sponte that the appeal in this cause commenced by notice of appeal filed in the Circuit Court for St. Lucie County, Florida, be and the same is hereby dismissed.


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