212 So. 2d 327 | Fla. Dist. Ct. App. | 1968
Appellant seeks reversal of an order dismissing his complaint, filed under § 102.-161 Fla.Stat., F.S.A.,
The complaint, filed within the 10-day period specified in the statute, was not verified. After the period allowed for the filing of such complaint had expired, the complaint was amended to include a verification. The defendant filed an answer incorporating a motion to dismiss, and the trial court dismissed the complaint for failure to file a sworn bill within the 10-day period. In so holding the trial court was eminently correct, and we affirm.
In an early interpretation of the statutory action invoked by the appellant here, the
The order of the trial court dismissing the complaint in the present case is supportable on the further ground that the complaint named as defendant the City of North Miami, whereas the enabling statute provided : “The successful candidate and the canvassing board or election board shall be the proper party defendants.”
The general proposition that when a statutory action is availed of the provisions for its exercise must be strictly followed is especially applicable here, as we are dealing in this instance with a statutory action for an election contest. As to this type litigation there is a public interest in promptness and finality of decision. In apparent recognition thereof the legislature, in granting the privilege of contest by suit in equity, sought to secure promptness by requiring that such actions be filed within 10 days after canvass, and required the contest to be submitted by a sworn complaint, setting forth the grounds relied upon and addressed to designated defendants. Jurisdiction of the trial court to entertain an election contest under that statute depends upon the filing of a complaint thereunder within the time and in the form and content as directed in the statute.
Because of its failure to meet the requirements of the statute in the two respects referred to above, the complaint was vulnerable to a motion to dismiss.
Affirmed.
. “The certification of election or nomination of any person to office may be contested in the circuit court in accordance with chancery procedure by any unsuccessful candidate for such office, or by any taxpayer on any question submitted by referendum. Such contestant shall file a sworn bill of complaint within ten (10) days after midnight of the completion of the canvass by the canvassing board of the election returns for the office which- is being contested, and shall set forth the grounds on which he intends to establish his right to such office, or to set aside the result of the election on a submitted referendum. The successful candidate and the canvassing board or election board shall be the proper party defendants.”