Elections battle back to court; judge to determine legal fees responsibilities
On Oct. 17, former Cape Coral mayor John Sullivan will learn how much, if any, court costs and legal fees he and his team of co-defendants will have to pay in the wake of an unsuccessful challenge of the 2013 election.
Sullivan and other challengers in the suit face having to pay as much as $200,000, with his former attorney potentially responsible for up to half of it, for the failed attempt to get a new election following his narrow re-election loss.
Sullivan was in court his morning with new representation after his previous attorney, Leigh Fisher, asked to be removed from the case.
Fisher was present with an attorney of his own as, according to Florida Statutes, he could also be ordered to pay a portion of the costs.
Judge Alane Laboda, who made the original ruling that Sullivan would have to pay, will once again hear this case
Mayor Marni Sawicki said she was unable to comment on pending litigation.
Sullivan lost the Nov. 5 election to Sawicki by 121 votes, just over the half-percent threshold to trigger an automatic recount.
Sullivan filed a lawsuit for a recount, which was changed to a motion to have the results thrown out and a new election staged shortly before the February trial.
Sullivan had claimed the canvassing board was improperly constituted, that some people had voted illegally, that one precinct had closed early and that Sawicki’s wide victory in early voting was odd since Sullivan had the greater number of votes on Election Day and via absentee ballots.
Laboda found no basis for those allegations, saying the case was “meritless” and ordered the plaintiffs to pony up the court costs and legal fees for the defendants, which have continued to rise.
Sullivan asked for reconsideration of the ruling in favor of the defendants, which was denied, and a litany of other appeals have also been dismissed.
Mediation was attempted in July, but went nowhere, as Sawicki has stated she would not settle and put taxpayers on the hook.
Sullivan and his team claimed the sum too high, as some of the work could have been done by other people,
Along with Sawicki, canvassing board members Councilmember Rana Erbrick and City Clerk Rebecca van Deutekom as well as Supervisor of Elections Sharon Harrington were named by Sullivan in the suit.