Published: Nov 26, 2013 12:09 PM EST

CAPE CORAL, Fla.- Former Cape Coral Mayor John Sullivan was back in court today. The defense is calling his demand for a re-count in November's mayoral election "a fishing expedition."

Today, the defense asked a Lee County court judge to dismiss the case. Sullivan lost to current Mayor Marni Sawicki by 121 votes. In his complaint, Sullivan claims Sawicki won because of misconduct within the Board of Election. But the defense says a key argument is missing. The judge could either decide to dismiss the case or allow the prosecution to re-submit their lawsuit.

No decision was made today.

Sullivan and his lawyer declined to comment.