Legal Opinion · Dissent

Jackson v. Leon County Elections Canvassing Board

District Court of Appeal of Florida

Decided November 23, 2016No. 1D16-5205Published

1DissentMakar, J.

Lost in the shuffle of this election contest is the “Emergency Motion for Rehearing” of Erwin D. Jackson, who points out the ways in which our appellate panel erred by sua sponte taking away his fundamental right to appeal the trial court’s denial of his disqualification motion. Because this Court did so on its own volition without notice to him, Jackson’s motion is more properly styled as an “Emergency Motion for a Hearing” as it is Jackson’s first opportunity to defend himself against the unilateral termination of his appellate rights and the imposition of two new procedural requirements…

2Cases cited12 opinions

  1. Livingston v. StateSupreme Court of Florida · 1983
  2. MacKenzie v. Super Kids Bargain Store, Inc.Supreme Court of Florida · 1990
  3. Fischer v. KnuckSupreme Court of Florida · 1986
  4. Godwin v. StateSupreme Court of Florida · 1992
  5. Montgomery v. DEPT. OF HEALTH & REHAB. SERV.District Court of Appeal of Florida · 1985

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