COCOA ACADEMY FOR AEROSPACE TECHNOLOGY, APPELLANT,
v.
SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, APPELLEE
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Cocoa Academy for Aerospace Technology sought to appeal the School Board of Brevard County's denial of its charter school application. The court dismissed the appeal because CAAT was not a legal entity capable of suing and therefore lacked standing to pursue the appeal.
CAAT lacks standing to appeal because it is not a legal entity recognized under Florida law and therefore cannot be a party to litigation. Only legal persons with capacity to sue and be sued may conduct or oppose causes of action.
[1] A proposal for a charter school must be made by a legally recognized entity or individuals with the capacity to sue and be sued.
[2] A program initiated under a statute authorizing vocational instruction, without the formation of a separate legal entity, cannot initiate a legal proceeding as an appella…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is a basic premise that unless an in rem proceeding is before the court, a cause of action must be conducted by or opposed by a 'person' recognized under the laws of this state.”
Establishes the fundamental requirement that parties to litigation must be legal entities with capacity to sue and be sued.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCocoa Academy for Aerospace Technology (CAAT) was a vocational program initiated in 1993 at Cocoa Beach High School under Florida law, funded by the l…
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PER CURIAM.
The proceeding before this court is an attempt to appeal a decision by the School Board of Brevard County, Florida, (“School Board”), denying an application to form a charter school pursuant to section 228.056, Florida Statutes (Supp.1996). We dismiss the action.
In order to supplement the educational opportunities of children, the legislature, in 1996, authorized the creation of charter schools. Ch. 96-186, § 1, Laws of Fla. The statute, codified at section 228.056, allows for both the creation of new charter schools and the conversion of existing public schools to charter status. Subsection 228.056(8), Florida Statutes (Supp.1996), provides as follows:
(3) PROPOSAL. — A proposal for a new charter school may be made by an individual, teachers, parents, a group of individuals, or a legal entity organized under the laws of this state. The principal, teachers, parents, and/or the school advisory council at an existing public school shall submit any proposal for converting the school to a charter school.
The proposal or application in the instant proceeding was not made by the persons described in section 228.056(3). Instead, the proceedings before the School Board were initiated when an unsigned document was submitted to it that described the applicant as the “Cocoa Academy for Aerospace Technology” (CAAT). We learned from the candid admission of the attorney conducting this appeal that CAAT is not a legal entity, but is simply the name of a program initiated in 1993 at Cocoa Beach High School pursuant to section 233.068, Florida Statutes (1993). The program was funded by the legislature to provide job-related vocational instruction and the special funds appropriated for the program were administered by the School Board. The School Board provided a teaching staff and facilities at Cocoa Beach High School to conduct the program. No separate entity was formed to administer the program. Although the program was referred to as the Cocoa Academy for Aerospace Technology, it neither became an agency of the State of Florida nor otherwise a legally recognizable entity.
It is a basic premise that unless an in rem proceeding is before the court, a cause of action must be conducted by or opposed by a “person” recognized under the laws of this state. Generally, this person has the capacity to sue and be sued. In the instant matter, only one party, the appellee, School Board, is visible to this court, and Cocoa Academy of Aerospace Technology, although designated as the appellant, is not.
The proceeding is, accordingly, dismissed.
DISMISSED.
DAUKSCH, W. SHARP and PETERSON, JJ., concur.
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In re 73 ENGLE-RELATED CASES., 239 So. 3d 166 (Fla. 1st DCA 2018)…a basic legal truth that "unless an in rem proceeding is before the court, a cause of action must be conducted by or opposed by a 'person' recognized under the laws of this state." Cocoa Acad. for Aerospace Tech. v. Sch. Bd. of Brevard Cty., Fla. , 706 So. 2d 397, 398 (Fla. 5th DCA 1998). Dead persons aren't qualified to conduct a suit. Xtra Super Food Ctr. v. Carmona , 516 So. 2d 300, 301 (Fla. 1st DCA 1987) ("[D]eceased persons cannot be parties to a judicial or quasi-judicial proceeding."); see also In re…
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Berkley Elementary Sch. Advisory Council v. Sch. Bd. OF Polk Cnty., 826 So. 2d 364 (Fla. 2d DCA 2002)…this explanation, SAC insisted that under current case law, it was the proper party to bring an appeal, because an appeal cannot be brought on behalf of the application itself as determined in Cocoa Academy for Aerospace Technology v. School Board, 706 So. 2d 397 (Fla. 5th DCA 1998). The sole argument raised by SAC in support of its standing to pursue the appeal is that under section 228.056(3), Florida Statutes (2001), SAC is a proper party to bring the appeal because it is a legal entity. However, that sta…
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Hooshang F. Aghili v. Engle Progeny Cases (Fla. 1st DCA 2018)…basic legal truth that “unless an in rem proceeding is before the court, a cause of action must be conducted by or opposed by a ‘person’ recognized under the laws of this state.” Cocoa Acad. for Aerospace Tech. v. Sch. Bd. of Brevard Cty., Fla., 706 So. 2d 397, 398 (Fla. 5th DCA 1998). Dead persons aren’t qualified to conduct a suit. Xtra Super Food Ctr. v. Carmona, 516 So. 2d 300, 301 (Fla. 1st DCA 1987) (“[D]eceased persons cannot be parties to a judicial or quasi- judicial proceeding.”); see also In…