S. C. HADDOCK, PLAINTIFF IN ERROR,
v.
THE BOARD OF PUBLIC INSTRUCTION, FOR THE COUNTY OF MANATEE, STATE OF FLORIDA, A CORPORATION, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment, holding that a teacher cannot recover damages from the county school fund for a breached contract if it would violate the constitutional mandate that such funds be used solely for public schools. This case clarifies the exclusive purpose of public school funds.
No, a teacher cannot recover damages from the county school fund for a breached contract if such recovery would contravene the constitutional mandate that these funds are to be used exclusively for public free schools.
“The constitution provides that county school funds shall be used “solely for the support and maintenance of public free schools”.”
Establishes the constitutional basis for the court's decision regarding the use of school funds.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA teacher allegedly had a contract with the County Board of Public Instruction that was illegally breached. The teacher subsequently found other emplo…
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This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed. The constitution provides that county school funds shall be used “solely for the support and maintenance of public free schools”. Even if a three-year teacher’s contract is contemplated by the law and such contract is illegally breached by the County Board of Public Instruction, whereupon the teacher takes other employment at less salary, such teacher cannot recover against the county school fund the difference between the contract salary and the smaller salary earned in other employments since that would in effect violate the constitutional command that such fund shall be used “solely for the support and maintenance of public free schools. ’ ’
Affirmed.
Whitfield, P.J., and Davis, J., concur.
Buford, C.J., concurs in the opinion and judgment.
Terrell. J., not participating.
Brown, J., dissents.
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Nat'l Educ. Ass'n, Inc. v. LEE Cnty. Bd. OF Pub. Instruction, 260 So. 2d 206 (Fla. 1972)…damages to teachers would violate Florida law, we answer in the affirmative upon the authority of Board of Public Instruction of Marion County v. Cannon, 83 Fla. 602, 92 So. 149 (1922), and Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157, 139 So. 147 (1932), holding: “The Constitution (article 12, § 9) provides that county school funds shall be used ‘solely for the support and maintenance of public free schools.’ Even if a three-year teacher’s contract is contemplated by the law an…
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Oates v. The Prudential Ins. Co. of Am., 107 Fla. 224 (Fla. 1932)…an answer by, or a decree pro confesso against M. D. Oates. In Bannon vs. Trammell, 96 Fla. 408, 118 So. 167, Sharman vs. Bay Shore Investment Co., 99 Fla. 193, 126 So. 282, Waring vs. O’Doniel, 102 Fla. 354, 135 So. 850, and Humphries vs. Hester, 103 Fla. 1157, 139 So. 147, relied upon by appellants, what appeared to be necessary defendants were not served with process, either personally or constructively; they had not appeared nor [*229] filed any defense and the cases had never been dismissed as to them…
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Bialonlenki v. The Sch. Bd. OF Dade Cnty., 342 So. 2d 991 (Fla. 3d DCA 1977)…PER CURIAM. Affirmed on authority of National Education Ass’n v. Lee County Board of Public Instruction, 260 So. 2d 206, 210-211 (Fla. 1972), citing Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157, 139 So. 147 (1932).…