Miller v. City of Casselberry

Full title: AGNES MILLER, APPELLANT, v. CITY OF CASSELBERRY, FLORIDA, ETC., APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 19, 1997

698 So. 2d 1386 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1710

Opinion filed September 19, 1997

Appeal from the Circuit Court for Seminole County, Newman D. Brock, Judge.

Michael R. N. McDonnell of McDonnell Trial Lawyers, Naples, for Appellant.

Donna L. McIntosh of Stenstrom, McIntosh, Colbert, Whigham Simmons, P.A., Sanford, for Appellee.

GOSHORN, J.

This case involves the proper interpretation of an ambiguous provision of the City of Casselberry Code relating to the scheduling of a special election. The trial court found that the City's scheduling of the election did not violate any provision of law and that no showing had been made of fraud, corruption, or gross abuse of discretion by the Casselberry City Commission. See Senior Citizens Protective League, Inc. v. McNayr, 132 So.2d 237, 239 (Fla. 3d DCA 1961) ("Within the permissible . . . period prescribed by the time limitation [of the Dade County Charter], the Board of County Commissioners, in their discretion as the legislative body of the county, may set such election which may not be interfered with by the courts without a showing of fraud, corruption, gross abuse of discretion . . . .").

We find the trial court's interpretation to be both reasonable and logical when the Casselberry Code is considered as a whole and thus do not disturb the ruling on appeal.

AFFIRMED.

THOMPSON and ANTOON, JJ., concur.