Legal Opinion

Burns v. Tondreau

District Court of Appeal of Florida

Decided June 4, 2014No. 3D13-2438PublishedCited by 5 opinions

1Opinion of the CourtLagoa, J.

Appellant, Kevin Burns (“Burns”) appeals from an order granting Appellee, Lucie Tondreau’s (“Tondreau”) Motion to Dismiss for lack of subject-matter jurisdiction. We affirm in part and reverse in part. We affirm the trial court’s order to the extent that Burns alleges that Ton-dreau failed to properly qualify to run for the office of mayor, as those types of challenges must be brought pre-election. Pursuant to section 102.168(3)(b), Florida Statutes (2012), however, Burns is not barred from bringing a post-election challenge to Tondreau’s eligibility to hold the office as *483set forth in Article…

2Cases cited6 opinions

  1. City of Miami Beach v. Fleetwood Hotel, Inc.Supreme Court of Florida · 1972
  2. McPherson v. FlynnSupreme Court of Florida · 1981
  3. Norman v. AmblerDistrict Court of Appeal of Florida · 2010
  4. Levey v. DijolsDistrict Court of Appeal of Florida · 2008
  5. Baker v. State ex rel. CaldwellDistrict Court of Appeal of Florida · 1960

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Leon v. CarolloDistrict Court of Appeal of Florida · 2018
  2. Bloch v. Del ReyDistrict Court of Appeal of Florida · 2016
  3. Jackson v. Leon County Elections Canvassing BoardDistrict Court of Appeal of Florida · 2016
  4. City of Miami v. Miguel Angel GabelaDistrict Court of Appeal of Florida · 2023
  5. Victor Milanes v. Todd HannonDistrict Court of Appeal of Florida · 2025

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