Published: Nov 27, 2013 11:35 AM EST

CAPE CORAL, Fla.- Former Cape Coral Mayor John Sullivan's fight for a re-count lives another day.

Today, a Lee County judge denied the defense's motion to dismiss the case, allowing Sullivan's lawyer to file a more detailed lawsuit. The defense argued yesterday that although Sullivan alleges misconduct, he does not go into detail about what was actually done illegally.

Sullivan's lawyer has until 5:00 p.m. on Monday to file.