BY IRIS B. HOLTON

Sentinel City Editor

On Friday, the District Court of Appeal of Florida Second District, issued a ruling in the case of a former Tampa Police Captain who was forced into retirement after he announced his bid for the Mayor’s Office. The Second District Court reversed the decision of a lower trial court.

The court wrote in the opinion, “Marion S. Lewis appeals the final summary judgment entered in favor of the City of Tampa by which the trial court concluded that by his qualifying as a candidate to run for mayor of Tampa, he automatically had resigned his position as a captain in the City of Tampa Police Department, We Reverse.”

The battle between Marion Lewis and the City of Tampa began when he qualified to run for Mayor in January 2007. Lewis said he had conferred with the State Elections Office on the “Resign To Run” law. That office determined that he was not required to resign his position.

However, the City of Tampa took the position that he was required to resign, stating that once he filed the Oath of Candidate form.

Lewis contended that after filing for the office, he was forced into retirement. In his first lower court appearance, the judge ruled in favor of Lewis. However, the city filed an appeal and the trial court [private]entered a partial summary judgment in favor of the City. The trial court also denied Lewis’s motion for summary judgment on an amended counterpetition.

The Justices also wrote, “We conclude that the trial court erred in entering the final judgment that determined Lewis automatically resigned from his employment by filing his Oath of Candidate form. We therefore reverse the final judgment and remand with instructions that the trial court enter a final judgment on the City’s complaint consistent with this opinion and consider the remaining allegations of Lewis’s counterpetition.”

A Tampa native, Lewis was a Tampa Police officer for 27 years.

Earlier this month, Lewis withdrew his name as a candidate for the Mayor’s Office, stating that he could not devote his full attention and energy to the campaign because he was waiting on a decision from the Second District Court of Appeals.

When contacted by the Sentinel on Friday, Lewis said his attorney notified him of the court’s decision.[/private]