08-3201 FRED VARN v. MICHELLE REHWINKEL VASILINDA, etc.; FREDDY MOORE TODD; KURT S. BROWNING, etc.;ION SANCHO, etc.; MARTY BISHOP, etc.; and SHIRLEY KNIGHT, etc.

State: Florida

Court: Florida First District Court

Docket No: 08-3201

Case Date: 07/18/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA FRED VARN, Appellant, v. MICHELLE REHWINKEL VASILINDA, Candidate, House District 9; FREDDY MOORE TODD; KURT S. BROWNING, in his official capacity as Secretary of State, State of Florida; ION SANCHO, in his official capacity as Supervisor of Elections, Leon County, Florida; MARTY BISHOP, in his official capacity as Supervisor of Elections, Jefferson County, Florida; and SHIRLEY KNIGHT, in her official capacity as Supervisor of Elections, Gadsden County, Florida, Appellees. _____________________________/ CASE NO. 1D08-3201 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed July 18, 2008. An appeal from the Circuit Court for Leon County. P. Kevin Davey, Judge. Stephen Marc Slepin and Mallory E. Horne of Maddox Horne, PLLC, Tallahassee, for Appellant. Ronald G. Meyer and Jennifer S. Blohm of Meyer and Brooks, P.A., Tallahassee, for Appellee Rehwinkel Vasilinda; and Harry O. Thomas of Radey Thomas Yon & Clark, P.A., Tallahassee, for Appellee Freddy Moore Todd.

BARFIELD, J. Appellees Michelle Rehwinkel Vasilinda and Freddy Moore Todd filed separate actions, later consolidated, seeking declaratory and injunctive relief based on claims that Appellant Fred Varn, a candidate for the Florida House of Representatives, District 9, had violated section 99.012(3), Florida Statutes (2008), a provision of Florida's "resign to run" law, and seeking to have Varn's name removed from the August 2008 primary ballot. There were no disputed issues of material fact, and after a hearing on the merits of the request for declaratory judgment, the circuit court entered a Final Declaratory Judgment which found that Varn "failed to comply with F.S.

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