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Stoltzfus asks court to dismiss intervention

By Rick Catlin, Islander Reporter

Ex-Anna Maria Commissioner Harry Stoltzfus filed a motion with the Florida 2nd District Court of Appeal Oct. 15, requesting that it dismiss an Oct. 12 filing from Citizens for Sunshine Inc. pertaining to his appeal of his recall.

Stoltzfus’ attorney, Richard Harrison, said the reply from Citizens, written by attorney Andrea Flynn Mogensen, should be dismissed as “the intervenor’s reply is not authorized by the Florida rules of Appellate Procedure” and Citizens was “neither ordered nor invited to make any filing in response to the order to show cause.”

A DCA ruling of Sept. 15 that lifted the stay of the recall election gave Stoltzfus 20 days to file a response why Stoltzfus’ appeal should not be moot. Stoltzfus filed his response Oct. 6.

Mogensen filed the brief for Citizens, a Sarasota organization that works for transparency in government, outlining case law that refuted Stoltzfus’ response to the DCA.

Since the “intervenor” had no authority to file a rebuttal, Harrison asked the DCA to “strike the intervenor’s reply.”

The Recall Commissioner Stoltzfus Committee, which successfully carried out the Stoltzfus recall in a Sept. 7 election, already has filed its response to the court.

As of The Islander’s press deadline Oct. 18, the DCA had not issued a ruling in the matter.

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