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Deadline looms for Stoltzfus-DCA appeal

By Rick Catlin, Islander Reporter

Harry Stoltzfus, recalled from the office of Anna Maria city commissioner in a Sept. 7 vote, faces yet another deadline.

He has until Wednesday, Oct. 6, to file a response with Florida’s 2nd District Court of Appeal regarding its decision asking him to show how his appeal is not moot.

Attorney Richard Harrison, representing Stoltzfus, said the response would be filed by the deadline and that he’ll address the issues raised by the DCA at that time.
“When we file it, you’ll get a copy,” he said.

Stoltzfus’ appeal was filed soon after 12th Circuit Court Judge Edward Nicholas ordered in May that the recall process could proceed.

Harrison has previously characterized the recall process and election as “illegal” and “lacking legal sufficiency.”

Since the appeal court order Sept. 16, the recall election was certified Sept. 20 and Gene Aubry was sworn in as commissioner Sept. 22 to complete the remainder of Stoltzfus’ term, which expires in November 2011.

Voters recalled Stoltzfus 362-331 in the Sept. 7 election, and on the same ballot voted 363-333 for Aubry to replace Stoltzfus as commissioner.

The results of the recall election were announced Sept. 11 after all parties involved agreed the votes should be made public.

Certification of the election, however, had been withheld under a 12th circuit court stay order until Andrea Flynn Mogensen, an attorney representing Citizens for Sunshine Inc., filed a motion with the DCA Sept. 15.

Mogensen noted that under the state election code, the vote had to be certified within 10 days or the results were moot.

The DCA agreed and issued its order to certify the election.

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