Henderson v. Johnson

We have for review the trial court’s order dismissing with prejudice Appellant’s “Amended Complaint to Contest Election” filed pursuant to section 102.168, Florida Statutes. The complaint concerned the November 2, 2010 election for the District 1 Madison County School Board seat. For the reasons discussed below, we agree with Appellant that the trial court erred.

Background

On November 12, 2010, Appellant filed his original “Complaint to Contest Election,” naming as defendants the Madison County Election Supervisor, the members of the county canvassing board, and Appel-lee, the prevailing…