BOARD OF PUBLIC INSTRUCTION FOR PINELLAS COUNTY, FLORIDA, PLAINTIFF IN ERROR,
v.
GEROW, CALNAN & DANN, INC., A CORPORATION, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's decision, finding that the plaintiff's claim was improperly directed against the county school fund instead of specific special tax school districts. The court allowed the plaintiff to amend their declaration.
No, the plaintiff improperly sought recovery against the county school fund. The proof did not establish liability on the part of the Board of Public Instruction, and any potential remedy lies against specific special tax school districts, the liability of which was not alleged or proven.
“This cause will have to be reversed, however, because the declaration seeks to recover against the county school fund while the record shows conclusively that such remedy as the plaintiff may have is against certain special tax school districts in Pinellas County and the extent of the liability of each of said districts is not alleged or proven.”
Reasoning for reversal based on improper party and lack of specific allegations.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Gerow, Calnan & Dann, Inc., sought to recover against the county school fund. The declaration included counts alleging causes of action…
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The questions of law presented in this case are similar to and are ruled by the questions of law decided in Board of Public Instruction for Pinellas County v. Knight and Wall Company filed this date. This cause will have to be reversed, however, because the declaration seeks to recover against the county school fund while the record shows conclusively that such remedy as the plaintiff may have is against certain special tax school districts in Pinellas County and the extent of the liability of each of said districts is not alleged or proven.
Count two of the declaration states no cause of action and was amenable to demurrer. Counts one and three of the declaration state a cause of action against the Board of Public Instruction of Pinellas County but the proof discloses no liability on the part of said board as such in favor *1658■of the plaintiff. The cause is therefore reversed with leave to the plaintiff to amend its declaration if it so desires.
Reversed.
Ellis and Brown, J. J., concur.
Whitfield, P. J., and Strum: and Buford, J. J., concur in the opinion and judgment.
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The Bd. of Pub. Instruction v. Kennedy, 109 Fla. 153 (Fla. 1933)…29 So. Rep. 824; Board of Pub. Inst. Lafayette County v. American Seating Co., 100 Fla. 616, 130 So. Rep. 42; Board of Pub. Inst. of Pinellas County v. Knight & Wall Co., 100 Fla. 1649, 132 So. Rep. 644; Board of Pub. Inst. v. Gerow, Calnan & Davis, 100 Fla. 1657, 132 So. Rep. 647; Board of Pub. Inst. Flagler County v. McKenzie, 103 Fla. 99, 136 So. Rep. 899. But it has.also been held that while public schools are a [*157] sacred trust, and that although the Constitution contemplates the payment of all scho…