Kinzel v. City of North Miami

CHARLES CARROLL, Chief Judge.

Appellant seeks reversal of an order dismissing his complaint, filed under § 102.-161 Fla.Stat., F.S.A.,1 to contest an election of the City of North Miami, in which appellant was an unsuccessful candidate for the office of councilman.

The complaint, filed within the 10-day period specified in the statute, was not verified. After the period allowed for the filing of such complaint had expired, the complaint was amended to include a verification. The defendant filed an answer incorporating a motion to dismiss, and the trial court dismissed the complaint for failure…