Lewis v. City of Tampa

DAVIS, Judge.

Marion S. Lewis appeals the final summary judgment entered in favor of the City of Tampa by which the trial court concluded that by his qualifying as a candidate to run for mayor of Tampa, he automatically had resigned his position as a captain in the City of Tampa Police Department. We reverse.

In January 2007, Lewis qualified to run for the position of mayor of Tampa. He did not resign from his position with the Tampa Police Department to run for may- or, arguing that such a resignation was not required by section 99.012(5), Florida Statutes (2006). In response to his refusal to…