102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum. - Florida Statutes

102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum.

   (1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.

   (2) If a judgment is entered setting aside a referendum, the election shall be void.

History. s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3, ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.

Note. Former s. 104.08; s. 99.211; s. 102.163.