Orange County Commissioner Christine Moore has filed a motion to dismiss a lawsuit challenging her residency, saying it is not ripe for judicial consideration while she is only a candidate for mayor.  

The filing came in response to a lawsuit Mayor Bryan Nelson filed last month alleging that Moore has not lived within Apopka city limits for at least one year.  

Moore’s motion to dismiss, filed Feb. 2 in Orange County Circuit Court, argues that Nelson’s complaint for declaratory and injunctive relief is “nothing more than an attempt to circumvent the will of the voters by weaponizing the judicial process.” 

“Rather than trust in the people of Apopka to decide, Nelson has elected to pursue an eleventh-hour litigation strategy designed to eliminate his strongest opponent from the ballot altogether,” the motion says. “The claims are unripe, unsupported by any private right of action, and fundamentally inconsistent with Florida’s carefully crafted election framework.”  

Nelson filed his complaint on Jan. 6 and asked the court for an expedited ruling to remove Moore from the ballot, or, if ballots are already printed, to prevent any votes cast for her from being counted. 

According to the complaint, Moore listed her address as 75 W. Magnolia St. in Apopka on her qualification paperwork. Nelson argues that records and photographs show Moore’s vehicle was regularly parked between April and July 2025 at her homesteaded Palm Crest Drive residence in unincorporated Orange County. 

Moore’s attorneys contend that Nelson’s argument is based on a misreading of the City Charter. While the charter requires mayoral candidates to reside within city limits for at least one year prior to taking office, Moore’s motion states that “a plain reading” of the provision shows it does not apply to her candidacy. 

“The City Charter does not impose the one-year residency requirement as a prerequisite to candidacy, and any determination regarding satisfaction of that requirement cannot be made until the time of election, if at all,” the motion says.  

Moore’s legal team is asking the court to dismiss the complaint with prejudice, which would bar it from being refiled. 

Nelson has said the charter would have required Moore to establish residency in Apopka by April 28, 2025. Moore listed the Magnolia Street address as her residence — a property homesteaded to City Council Seat 1 candidate Sam Ruth, according to Orange County records. 

The Apopka Chief spoke to Ruth on Monday, and he declined to comment for this story.  

Nelson’s lawsuit also alleges Moore continues to claim a homestead exemption on her Palm Crest Drive home, and that Florida law allows only one homestead exemption and one permanent residence. 

“What she is doing is illegal, which is why I have filed a lawsuit to ask for the courts to review the evidence,” Nelson said in a January statement. “I believe they will see her actions have been improper as well and will remove her name from the ballot.” 

Moore, however, called the complaint “false and misleading” in a January statement to the Chief, adding that Nelson faced similar scrutiny in 2018 when he sought annexation of his unincorporated neighborhood so he could qualify to run for mayor. 

The Apopka mayoral election is scheduled for March 10. In addition to the mayor’s race, voters will decide council seats 1, 2 and 4, along with eight proposed City Charter amendments.  

As of Monday, the elections office had not yet announced early voting dates. The deadline to request a mail-in ballot is Feb. 26. 

In a statement released Monday, Moore’s campaign described Nelson’s lawsuit as a “political Hail Mary from a weak opponent who would rather deny residents their right to vote than defend his own record or offer ideas for Apopka’s future.” 

“My legal team is confident this lawsuit has no merit. I have lived in Apopka since 1988, near Wekiwa Springs Road, where I led the $125 million septic-to-sewer conversion project,” the statement said. “Because I wanted to help lead the renewal of downtown Apopka from the front lines, I placed an offer on a historic home in May after searching for a suitable property throughout 2025. I hoped to close by the end of June. During the brief transition period from March until I moved into my home in early July, I rented a room while packing and preparing for the move to Central Avenue.” 

Teresa Sargeant has been with The Apopka Chief for over 10 years.