TALLAHASSEE -- A Leon County Circuit judge has rejected an attempt to have state Education Commissioner Tom Gallagher thrown off the Nov. 7 general election ballot.

Gallagher, a Republican, is running against Democratic state Rep. John Cosgrove to fill the state insurance commissioner post.

Cosgrove filed a lawsuit claiming Gallagher failed to submit a proper letter of resignation from his current job to comply with the state's resign-to-run law.

In a ruling Wednesday, Circuit Judge Terry P. Lewis disagreed, declaring that Gallagher's candidacy does indeed comply with Florida law.

Current Insurance Commissioner Bill Nelson's resignation will not be effective until Jan. 3, 2001, the judge ruled, the same date that Gallagher officially leaves the education commissioner post.

If Gallagher wins the election to replace Nelson, then he won't be holding two offices at once.

Nelson, a Democrat, is running for the U.S. Senate.

Slain teacher's widow sues gun firm, shop

WEST PALM BEACH -- The widow of a Lake Worth English teacher gunned down at the door of his middle school classroom filed a lawsuit Wednesday against the distributor and gun shop that sold the firearm used in the slaying.

The lawsuit filed in Palm Beach Circuit Court claims gun distributor Valor Corp., and the Hypoluxo Pawn Shop should be held responsible for a teenager's access to the .25-caliber Raven semiautomatic handgun that killed 35-year-old Barry Grunow.

"This tragedy occurred because a firearm distributor and a firearm dealer sold a firearm that was unreasonably dangerous and lacked means to prevent an unauthorized person from using it . . . and because a 13-year-old was able to easily operate the gun," according to the lawsuit filed by widow Pamela Grunow.

The suit also names the teen charged with first-degree murder in the killing, Nathaniel Brazill, and his mother, Polly Ann Josey, as defendants.

Hypoluxo Pawn Shop owner Irving Mandel and Sunrise-based Valor Corp. owner Burt Newton could not be reached for comment.

The handgun is manufactured by Raven Arms Inc., a now-defunct California gunmaker.

Brazill stole the gun from a dresser drawer at his grandfather's house.

On May 26, the last day of school, he was sent home for throwing water balloons.

He returned with the gun and, according to police, gunned down Grunow in a hallway after the teacher wouldn't let the teen talk to two girls in his classroom.

Surfer, 14, vanishes; Atlantic beach searched

MELBOURNE BEACH -- Authorities continued searching a 6-mile stretch of ocean Wednesday for a 14-year-old surfer who disappeared under the water.

Christopher Gooch's friends said the Melbourne High School freshman disappeared Monday afternoon as they surfed off the beach of this community about 50 miles southeast of Orlando, Brevard County sheriff's Sgt. Alex Fischback said.

"We were just surfing, going out and having a good time," said Chris Christian.

Christian said he hadn't seen Gooch for about 20 minutes when he saw his surfboard floating in the water. The board, which washed ashore, was damaged on one side.

Investigators said the board may have struck Gooch in the head.

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Lucy Morgan

From the Times state desk