The First District Court of Appeal has denied an appeal by three Central Florida voters to overturn a trial court’s ruling dismissing their suit. The court also denied their request to stay Monday’s electoral vote until the recount could take place. The DCA also struck down their motion to appeal the lower court’s ruling denying their motions to overturn the election results and order a recount. “Plaintiffs ask the Florida judicial system to shut down the presidential electoral process at this point to allow their elaborate recount lawsuit to proceed,” Judge Scott. Makar wrote in his concurring opinion, issued Friday. “The trial court’s thorough order, however, is eminently correct: no colorable basis exists for the relief that Plaintiffs seek,” Makar wrote. “At best, Plaintiffs raise political questions that no court — state or federal– can resolve….”
Quoting a previous court ruling, Makar said, their lawsuit “is nothing more than a political question masquerading as s lawsuit and should be dispatched on that basis.”
The Central Florida trio — Leonisia Olivares, Jerry W. Lapidus, and Judith L. Craig — filed their original complaint on Dec. 2 contesting the Nov. 8 election. In it they claimed widespread voter fraud — tens of thousands of illegal votes cast, thousands of legal votes not counted, and hacking of voter machines. They claim Hillary Clinton would have won if not for all the alleged fraud.
Leon Circuit Judge John C. Cooper denied the group’s motion over several procedural deficiencies. He also denied their emergency motion to stop the electors from casting their ballots on Monday for Trump until a full statewide ballot hand count is performed.
Full Article: Appeals court rules lower court was correct to dismiss case.