THE BOARD OF PUBLIC INSTRUCTION OF MANATEE COUNTY, FLORIDA,
v.
ALVAN B. ROWE
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The Florida Supreme Court affirmed a lower court's judgment for the plaintiff, holding that the judgment was not excessive and was properly ordered to be paid from the general county school fund, not a special tax district fund.
The judgment was not excessive, and the trial court correctly ordered that it be paid from the general county school fund because the lawsuit was precipitated by the wrongful act of the County Board, which also authorized the fee.
“On appeal from a judgment for plaintiff it is urged that the judgment is excessive and that the trial judge did not properly designate from what fund the judgment should be paid.”
This quote outlines the main points of contention raised by the appellant on appeal.
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Join FLexlaw to unlock all legal intelligenceThe case involves a prior judgment for the plaintiff, Alvan B. Rowe, against the Board of Public Instruction of Manatee County. On appeal, the Board a…
The full statement of facts, procedural history, and disposition for this case are member content.
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The law of this case was settled on its former appearance in this Court. Board of Public Instruction of Manatee County v. Rowe, 151 Fla. 520, 10 So. (2nd) 311. On appeal from a *763judgment for plaintiff it is urged that the judgment is excessive and that the trial judge did not properly designate from what fund the judgment should be paid.
We find ample evidence to sustain the judgment which is $1400.00.
It is quite clear that the judgment is to be paid from the general county school fund and not from the special tax school district. It was the wrongful act of the County Board that precipitated the law suit and the fee sued for was authorized by the County Board. No obligation could have been incurred by the trustees of the district without the approval of the County Board. The action of the lower court in directing payment from the county general school fund was proper and the judgment is affirmed.
Affirmed.
BUFORD, C. J. TERRELL and CHAPMAN, JJ., concur.
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Citator
Authorities Cited
- The Bd. of Pub. Instruction of Manatee Cnty. v. Alvan B. Rowe, 151 Fla. 520 (Fla. 1942)