Harry Stoltzfus, recalled from the office of commissioner in Anna Maria, has until Oct. 1 to file a response with the 2nd District Court of Appeal regarding its Sept. 16 decision that asked him to show cause why his appeal is not moot given the certification order for the Sept. 7 election.
The DCA gave Stoltzfus 20 days to file a response.
In the interim, the recall election was certified and Gene Aubry sworn in as a commissioner to fill the remainder of Stoltzfus’ term.
Stoltzfus’s attorney, Richard Harrison, had not filed a response to the DCA as of press deadline Sept. 27, but Harrison has said the appeal “will continue.”
He indicated a response would be filed by the court deadline.
The DCA issued its ruling Sept. 16 that certification of the recall election by the Anna Maria election canvassing board could proceed, and gave Stoltzfus 20 days to respond. The election was certified on Sept. 20.
Following certification, Aubry, who defeated Stoltzfus in the recall election by a vote of 363-333, was sworn in Sept. 22. In the same election, Stoltzfus was recalled by a 362-331 vote.
Harrison said the entire recall election was “illegal,” and the harm done to his client would be considerable if the DCA rules in favor of Stoltzfus’ appeal, but Stoltzfus had already been removed from office.
Harrison was said to be on his way to Tallahassee on Sept. 27 on unspecified business and was unavailable to speak by cell phone.