North Miami Beach Commissioner Joseph keeps seat, court rules

MIAMI — In North Miami Beach, Commissioner Michael Joseph will keep his seat.

On Wednesday, the Third District Court of Appeal filed an opinion siding with previous judgments. The court concluded Joseph's fellow commissioners failed to reach a quorum when they voted him out last May. 

More significantly, the court agreed Joseph did not violate the city charter for automatic removal with his absences.

Commissioner Joseph responded with a statement, in part, he said the commissioners that voted him out "wasted hundreds of thousands of taxpayer dollars to promote their sham."

CBS News Miami has closely followed the saga in North Miami Beach since first uncovering voting irregularities with former Mayor Anthony DeFillipo. He was arrested last year and faces four felony charges linked to his residency and voting record. 

Online court records indicate his trial hearing will begin on March 4. 

Michael Joseph's full statement:

"Today, the court has found that the former mayor, who is under felony indictment, and his allies broke the law in removing me from office. They wasted hundreds of thousands of taxpayer dollars to promote their sham. They took advantage of people's worst fears to divide our community and terrorize me and my family. I survived their digital lynching and carry those scars with me today. This is a moment to remember how far we have come in this fight against public corruption and how far we still have to go."

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• Miami-Dade