Sunday, March 13, 2005

DYER ATTORNEY DYKES EVERITT'S CALL FOR "SPECIAL TEMPORARY ELECTION FOR MAYOR" HAS NO LEGAL BASIS AND WILL BE CHALLENGED IN COURT

The statement of Dyer City Attorney Dykes Everett today calling for a special election to fill a temporary vacancy has no basis in law, according to Mulvaney attorney Fred O'Neal.

"The Orlando City Charter (Sec.1. City Council - fourth paragraph) clearly states, "If the unexpired term exceeds one year and the vacancy should be that of the office of Mayor-Commissioner, the remaining members of the City Council shall within ten (10) days after such vacancy or notice of an upcoming vacancy due to irrevocable resignation call a special municipal election.."

"Mr Dyer has neither irrevocably resigned or provided notice of an irrevocable resignation and therefore the statements of Mr. Everett are to be disregarded," stated attorney O'Neal. "Any attempt by Mr. Everett to schedule a special election for a temporary replacement for Mayor will be challenged in court," concluded O'Neal.

A motion for summary judgment will be heard by Judge Theotis Bronson on Tuesday that will provide for the run-off election between Dyer and Mulvaney. The attempt by Dyer friend and fellow law firm associate, Dykes Everette is a clever attempt to circumvent the City Code and the Florida Statutes and prevent the anticipated loss of Buddy Dyer in a new run-off election against Mayoral challenger Ken Mulvaney.

Ken Mulvaney's attorney Fred O'Neal joins me at 7:30AM ET Monday morning.

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