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Strategies & Market Trends : The Thread -- Ignore unavailable to you. Want to Upgrade?


To: Jack Hartmann who wrote (24316)12/8/2000 6:43:50 PM
From: Mike E.  Read Replies (1) | Respond to of 49816
 
Well, I can't cut and paste from Adobe Acrobat Reader, so I'll paraphrase some of it (the dissent is about 15 pages) <G>

He believe's the majority's decision to return the case to the circuit court for recounting has no foundation in Florida Law as it existed on Nov. 7 or at any time until the issuance of this opinion. The majority returns the case to the circuit court for this partial recount with no standards and with authority to obtain help from others whose credentials are unknown.

He has a deep concern that prolonging this judicial process propels the country and the state of Florida into an uprecedented and unnecessary constitutional crisis.



To: Jack Hartmann who wrote (24316)12/8/2000 6:49:14 PM
From: Mike E.  Respond to of 49816
 
further,

On the basis of Florida law as it existed on Nov. 7 he concludes that the trial court's decision should be affirmed. The decision of the trial court should be affirmed if it is supportable under any theory even if the appellate court disagrees with the decision.

He goes on to talk about the trial court finding no dishonesty, gross negligence, improper influence, coercion or fraud in the balloting and counting. He talks about seperation of powers and that the judicial should not be making decisions where the legislature has given the authority to canvassing boards discresion (such as whether or not to have a hand recount).

Very interesting....