Legal Opinion

Braxton v. Holmes County Election Canvassing Board

District Court of Appeal of Florida

Decided February 24, 2004No. 1D02-5171Published

1Opinion of the CourtPolston, J.

Appellant John H. Braxton appeals the December 9, 2002 final judgment of the trial court relating to his contest of the 2000 Holmes County General Election for the sheriffs race, pursuant to section 102.168, Florida Statutes (2000). Braxton lost the race to appellee Dennis Lee by five votes. Braxton brought an action, alleging fraud in the election process (Count I), alleging gross negligence (Count II), and seeking declaratory and injunctive relief because of improper counting of ballots (Count III).

The trial court conducted a bench trial and, after hearing evidence for two days, ruled in…

2Cases cited6 opinions

  1. Bush v. GoreSupreme Court of the United States · 2000
  2. Gore v. HarrisSupreme Court of Florida · 2000
  3. Beckstrom v. VOLUSIA COUNTY CANVASSINGSupreme Court of Florida · 1998
  4. Robinson v. WrightDistrict Court of Appeal of Florida · 1982
  5. Security Abstract & Insurance Co. v. Fidelity National Title Insurance Co. of PennsylvaniaDistrict Court of Appeal of Florida · 1996

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