Wright v. City of Miami Gardens
199 So. 3d 381
Fla. Dist. Ct. App.2016Background
- Wright sought emergency injunctive and mandamus relief to be listed as a qualified mayoral candidate for Miami Gardens' August 30, 2016 election.
- Qualifying ran May 26–June 2, 2016; Wright paid a $620 fee with a Wells Fargo starter check on June 1, 2016.
- City clerk later notified Wright that his check was returned because the account could not be located; Wright’s cashier’s-check remedy was denied.
- Although Wright’s account had sufficient funds and other starter checks were honored, the clerk disqualified him from qualifying.
- Trial court denied Wright’s emergency relief; this court granted expedited review and ultimately affirmed denial, while certifying a question of great public importance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 99.061(7)(a)1 require disqualification when a bank returns the fee check for any reason? | Wright argues bank error is outside candidate control and warrants relief. | Defendant contends the statute unambiguously requires disqualification when a check is returned. | Yes, disqualification required by plain statute. |
| Is Levey v. Detzner controlling on whether banking error after period ends disqualifies a candidate? | Argues for a remedy to avoid harsh results from banking error. | Binds to Levey’s interpretation that returned checks trigger disqualification regardless of fault. | Levey interpretation affirmed; bank error leads to disqualification. |
| Should the court certify a question of great public importance regarding this statutory issue? | Not applicable. | Courts should resolve the statutory framework and its consequences. | Certified question of great public importance. |
Key Cases Cited
- Levey v. Detzner, 146 So.3d 1224 (Fla. 1st DCA 2014) (banking error triggers disqualification under 99.061(7)(a)1)
- Levey v. Detzner, 153 So.3d 906 (Fla. 2014) (review/denial related to Levey rehearing; supports public importance discussion)
- Corfan Banco Asuncion Paraguay v. Ocean Bank, 715 So.2d 967 (Fla. 3d DCA 1998) (courts must apply plain statutory language even if result is harsh)
- Weiman v. McHaffie, 470 So.2d 682 (Fla. 1985) (general principle on absence of inter-district conflict binding decisions)
- Rangel v. Torres, 77 So.3d 708 (Fla. 3d DCA 2011) (de novo review standard for pure questions of law)