There has been no change in the status for former Anna Maria City Commissioner Harry Stoltzfus’ appeal of the recall petition that led to the September 2010 election that removed him from office.
The case is still with the Florida 2nd District Court of Appeal in Lakeland and deputy clerk Tami McCarrol said there were no scheduled oral arguments or hearings in the appeal through May.
“It’s still sitting on the judges’ list” of pending decisions, she said, noting the appeal court has a backlog of cases.
The most recent activity by the appeal court in the case was Nov. 19, 2010, when it denied a Stoltzfus motion for more time to file an initial brief.
Stoltzfus’ appeal was filed Aug. 27, 2010, by his attorney, Richard Harrison of the Tampa law firm of Allen Dell, P.A.
Stoltzfus has claimed the recall petition against him is not legally sufficient, but a 12th Circuit Court judge ruled in August 2010 that the petition was valid and ordered a recall election.
The Sept. 7, 2010, special election recalled Stoltzfus from office 362-331, and elected Gene Aubry 363-333, to complete the remainder of Stoltzfus’ term.