BOARD OF TRUSTEES OF SPECIAL TAX SCHOOL DISTRICT NO. 6 OF ORANGE COUNTY
v.
BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY
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The Special Tax School District No. 6 sought mandamus to compel the Board of Public Instruction to accept their nomination of R. G. Pittman as teacher and principal. The Florida Supreme Court affirmed the lower court's denial of mandamus, holding that while special tax school district trustees have the right to nominate teachers, the Board of Public Instruction properly rejected the nomination.
The Court held that trustees of a special tax school district do have the right to nominate a teacher or principal, as principals are nevertheless teachers subject to applicable statutes. However, the Court affirmed the lower court's denial of mandamus, finding no error in the judgment.
“The contention that the trustees of a special tax school district have no right to nominate a teacher to be principal for a school or schools of a special tax- school district can .not be sustained.”
Establishes that special tax school district trustees possess the right to nominate teachers and principals.
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Join FLexlaw to unlock all legal intelligenceThe trustees of Special Tax School District No. 6 of Orange County unanimously nominated R. G. Pittman as teacher and principal for the Ocoee schools.…
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Mandamus was resorted to by plaintiffs in error to enforce compliance "with-'a nomination made by them as Special Tax School District Trustees of District No. 6 by which they unanimously nominated one R. G. Pittman as teacher and principal in the Ocoee schools. Motion to quash the alternative writ was denied and the County Board of Public Instruction filed its return. The return set up that the County Board had rejected the nomination of Pittman and had communicated the cause thereof to the trustees of the district by letter addressed to the trustees apd signed .by the County School Board’s" chairman. The Circuit Judge denied relator’s motion for a peremptory writ of mandamus the return to the contrary notwithstanding, and entered final judgment. Writ of error was sued out and the cause presented here on an advanced consideration.
The contention that the trustees of a special tax school district have no right to nominate a teacher to be principal for a school or schools of a special tax- school district can .not be sustained. Whether one be employed- as a teacher in the ranks in the school system, or in an advanced grade amounting to a supervising instructor, he is nevertheless' a teacher, and -the provisions of Section 71Q C. G. L., 569 R. G. S., are applicable, and the rule laid down in State ex rel. Pittman v. Barker, 113 Fla. 865, 152 Sou. Rep. 682, will govern the rights of the parties interested.
• But a majority of the Court as constituted for the hearing of this case are of the opinion that no error is shown in *178the Court’s judgment quashing the alternative writ after denying the motion of relators for a peremptory writ. So the judgment will be affirmed on the authority of State v. Seaboard Air, Line Ry. Co., 92 Fla. 63, 109 Sou. Rep. 656.
Affirmed.
■ Davis, C. J., and Whitfield, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Wilkinson, 117 Fla. 463 (Fla. 1934)…ly made by the trustees in accordance with the statute. Section 710 C. G. L., 569 R. G. S. And such duty is enforceable by mandamus. State, ex rel. Pittman v. Barker, 113 Fla. 865, 152 Sou. Rep. 682; Board of Trustees v. Board of Public Instruction, 116 Fla. 176, 156 Sou. Rep. 318, Bennett v. Barker, 116 Fla. 386, 156 Sou. Rep. 437. It was also the duty of the respondents, as members of the County Board of Public Instruction to make a proper official record on their minutes of the fact and cause of rejecti…
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Vassar v. State ex rel. Willie M. Gleason, 139 Fla. 213 (Fla. 1939)…ol involved in this case out of the rules stated by us in the opinion's and judgments in the cases cited, supra. In the case of Board of Trustees of Special Tax School District No. 6 of Orange County v. Board of Public Instruction of Orange County, 116 Fla. 176, 156 Sou. 318, we said: “The contention that tire trustees of a special tax school district have no right to nominate a teacher to be principal for a school or schools of a special tax school district can not be sustained. Whether one be employed a…
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Revell v. State, 130 Fla. 242 (Fla. 1937)…by the trustees in accordance with the statute. Section 710 C. G. L., 569 R. G. S. And such duty is enforceable by mandamus. State, [*248] ex rel. Pittman, v. Barker, 113 Fla. 865, 152 Sou. Rep 682; Board of Trustees v. Board of Public Instruction, 116 Fla. 176, 156 Sou. Rep. 318; Bennett v. Barker, 116 Fla. 386, 156 Sou. Rep. 437. “It was also the duty of the respondents, as members of the County Board of Public Instruction to make a proper official record on their minutes of the fact and cause of reject…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Barker, 113 Fla. 865 (Fla. 1934)
- State v. Seaboard Air Line Ry. Co., 92 Fla. 61 (Fla. 1926)
- State v. Seaboard Air Line R.R. Co., 92 Fla. 63 (Fla. 1926)