James Barry Wright v. City of Miami Gardens, etc.

I agree with the result reached by the majority — allowing Wright’s candidacy to go forward — but I strongly disagree with the unprecedented route taken by the majority to reach that result.

Based on the arguments presented by Wright, I would decide this case as a matter of statutory interpretation along the lines advanced by Judge Makar in his dissent from the denial of rehearing en banc in Levey v. Detzner, 146 So.3d 1224 (Fla. 1st DCA 2014). As Judge Makar cogently explains, the critical sentence in section 99.061(7)(a) addresses only circumstances in which a check is returned before “the…