JOSE N. VAZQUEZ FIGUEROA
v.
HON. DANIEL D. RAULERSON, IN HIS CAPACITY ETC.

Fla. 1st DCA | 2018-07-09
No. 17-0405
246 So. 3d 1306 Florida District Court of Appeal, First District (2018)

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Holding

Courts have no jurisdiction after an election to determine an individual's right to hold office.


Headnotes

[1] Courts lack jurisdiction to entertain challenges to a candidate's qualifications to hold office after an election has been held.

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Key Quotes

“courts have no jurisdiction after an election to determine an individual's right to hold office”

Rule stated in McPherson v. Flynn regarding jurisdictional bar to post-election qualification challenges

Facts & Procedural History

Jose N. Vazquez Figueroa, a defeated candidate, sought to challenge his opponent Daniel D. Raulerson's qualifications for office based on alleged defe…

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Opinion of the Court

July 9, 2018 PER CURIAM.

AFFIRMED. See McPherson v. Flynn, 397 So. 2d 665, 667-68 (Fla. 1981) (holding courts have no jurisdiction after an election to determine an individual’s right to hold office); Norman v.

2

Ambler, 46 So. 3d 178, 183 (Fla. 1st DCA 2010) (holding that circuit court was without power to entertain defeated candidate’s challenge to primary opponent’s qualification for state senate based on alleged inaccuracies in financial disclosure forms because primary had already occurred).

LEWIS, KELSEY, and WINSOR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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