Appeals court finds challenge of Carollo commission win in Miami comes too late

After losing a challenge to Miami Commissioner Joe Carollo's election in circuit court, Alfonso "Alfie" Leon has been dealt a final legal loss on appeal.

Leon sued Carollo days after the runoff election in November that saw voters usher Carollo, a former mayor of Miami, back into elected office after 16 years away from City Hall. Leon accused Carollo of flouting residency requirements before filing to run, alleging that Carollo did not live in his West Brickell apartment for a full year before qualifying to run, which is required by the city charter.

Following two days of testimony that included scrutiny of Carollo's lifestyle, power bills and even cellphone usage, Judge Thomas Rebull rebuffed Leon's assertions in a ruling Jan. 22.

Now, Leon has lost an appeal to the Third District Court of Appeals, ending his legal battle to unseat Carollo.

Florida law sets a high standard for courts to overturn the results of an election. In Leon's case, the appellate panel issued an opinion Wednesday telling Leon that, in essence, his appeal came too late.

Because Leon's challenge of Carollo's residency came after the election, the judges wrote that they were compelled to let Turnbull's earlier decision stand. "... the courts have no inherent power to determine this post-election contest based on Miami’s one-year residency requirement for city commission candidates, and the case was properly dismissed by the trial court," reads the opinion.

Some of the case law that informed the opinion stemmed from another high-profile election challenge in Miami-Dade. In 2013, a former North Miami mayoral candidate sued then-mayor Lucie Tondreau saying she did not live in the city for a full year prior to the election, as required by city rules. Tondreau retained here office but was later suspended and eventually removed in May 2014 after being convicted and sentenced to 65 months in federal prison for her role in an $11 million mortgage fraud scam.

Leon's attorney, J.C. Planas, said he disagreed with the court's interpretation of the Miami's city charter but respected the decision.

"While we believe Joe Carollo did not live in the district for a year before before qualifying for the election, the court determined we cannot bring that case forward after the election," he told the Miami Herald.

Benedict Kuehne, Carollo's attorney, said the commissioner was "elated" with the opinion confirming the lower court's ruling.

"He can now fully direct his attention to benefiting the residents and businesses of our great city," Kuehne said.

This story was originally published May 2, 2018 at 3:50 PM with the headline "Appeals court finds challenge of Carollo commission win in Miami comes too late."