Writ of Quo Warranto: Challenging the right to hold public office

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 12.2020

A writ of quo warranto is a civil remedy employed to determine a person’s right to hold public office or challenge a public officer’s attempt to exercise some right or privilege that derives from the state. A writ of quo warranto is inappropriate when there is an adequate remedy available by statute.

A writ of quo warranto is most often used to challenge the right of an individual to hold public office. It is also often used to challenge the authority of a public officer to take certain actions in an official capacity. There is no time limit for applying a writ of quo warranto.

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CITATIONS
Section 80.01, Fla. Stat.
Fla. R. App. P. 9.100 and Fla. R. App. P. 9.030
Fla.R.Civ.P. 1.630
Martinez v. Martinez, 545 So.2d 1338 (Fla. 1989) 
Whiley v. Scott, 79 So.3d 702 (Fla. 2011) 
Macnamara v. Kissimmee River Valley Sportsmans' Ass'n, (Fla. 2d DCA 1994)
State ex rel. Smith v. Brummer, 426 So.2d 532 (Fla. 1982) 
Butterworth v. Epsey, 523 So.2d 1278 (Fla. 2d DCA 1988)
State ex rel. Ervin v. Jacksonville Expressway Authority, 139 So.2d 135 (Fla. 1962)
State ex rel. Landis v. Thompson, 125 Fla. 466, 170 So. 464 (1936)

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