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Date of Issue: August 18, 2010

Stoltzfus appeal denied

Harry Stoltzfus, center, talks to his attorney, Richard Harrison, in the courtroom. Islander Photos: Bonner Joy

Anna Maria Commissioner Harry Stoltzfus, right, and attorney Richard Harrison, stand for the arrival of Circuit Court Judge Edward Nicholas for a hearing Aug. 12.

The Florida Second District Court of Appeal in Lakeland has denied a motion by Anna Maria Commissioner Harry Stoltzfus to have a May 24 ruling by Circuit Court Judge Ed Nicholas reviewed by the court.

The motion was made after Nicholas denied a request for an expedited hearing in Stoltzfus’ motion to have a recall petition filed against him by Bob Carter and the Recall Commissioner Stoltzfus committee declared invalid.

Appeals court clerk James Birkwell on Aug. 11 issued a brief statement denying the appeal as “moot” to the issue because Nicholas would hear the original motion to dismiss the recall petition.

That dismissal hearing was held Aug. 12, but Nicholas had not issued a ruling as of The Islander’s press deadline Aug. 16.

Regardless of Nicholas’ ruling, both sides have the option to appeal his decision.

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