Court dismisses suit over Florida delegates

? An appeals court on Friday rejected on technical grounds a Florida case challenging the Democratic Party’s decision to strip the state of its presidential nominating delegates.

But the three-judge panel said the case “raises a number of interesting and potentially significant questions” and sent it back to a district court for further action.

Victor DiMaio of Tampa, Fla., plans to amend his suit and ask the district court for a swift ruling, still hoping to force the party to seat Florida’s delegates at the national convention in August.

“Now we are in crunch time, with only a few months to go through this,” DiMaio said. “But we are going to fix it.”

“This court case could decide who the next president will be,” he said. “I hope the court realizes it, treats it with respect and gives it an expedited hearing. I’m still fighting for the voters of Florida.”

DiMaio claims the party treated Florida differently from other states and disenfranchised voters by taking away the state’s delegates as punishment for holding a presidential primary in January against party rules. A federal district court in Tampa rejected the suit, and he appealed to the 11th Circuit Court of Appeals in Atlanta.