City of Miami v. Carollo

In the underlying case, the trial court enjoined the election scheduled for March 14, 2000, because City of Miami Charter Amendment No. 1 results in an illegal recall in violation of the mayor’s due process rights. On appeal, as below, the City argues, citing City of Jacksonville v. Smoot, 83 Fla. 575, 92 So. 617 (1922), and Hall v. Strickland, 170 So.2d 827 (Fla. 1964), that there has been no illegal recall and that the changes to the mayor’s duties resulting from the charter amendment effectively abolish the office.

After carefully reviewing the record, we agree with the trial court’s…