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BURNS v. TONDREAU

No. 3D13-2438.

139 So.3d 481 (2014)

Kevin BURNS, Appellant, v. Lucie TONDREAU, Penelope Townsley, as Miami-Dade County Supervisor of Elections, Michael A. Etienne, as City Clerk, City of North Miami Canvassing Board, and Smith Joseph, Appellees/Intervenor.

District Court of Appeal of Florida, Third District.

June 4, 2014.

Attorney(s) appearing for the Case

Rasco Klock Perez Nieto and Joseph P. Klock, Jr., Gabriel E. Nieto, Coral Gables, and Hilton Napoleon II, for appellant.

Benedict P. Kuehne, Miami; Regine M. Monestime, City Attorney, for appellees Lucie Tondreau, Penelope Townsley, Michael A. Etienne, and City of North Miami Canvassing Board; Greenspoon Marder and Joseph S. Geller, Fort Lauderdale, for appellee/intervenor Smith Joseph.

Before SUAREZ, LAGOA, and EMAS, JJ.

LAGOA, J.

Appellant, Kevin Burns ("Burns") appeals from an order granting Appellee, Lucie Tondreau's ("Tondreau") Motion to Dismiss for lack of subject-matter jurisdiction. We affirm in part and reverse in part. We affirm the trial court's order to the extent that Burns alleges that Tondreau failed to properly qualify to run for the office of mayor, as those types of challenges must be brought pre-election. Pursuant to section 102.168(3)(b), Florida Statutes (2012...

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