THE STATE OF FLORIDA EX REL. R. R. RILEY, RELATOR,
v.
W. S. CAWTHON, STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Riley sought a mandamus writ to compel the State Superintendent to issue a Life State Certificate based on his Teacher's State Certificate and teaching experience. The Florida Supreme Court denied the peremptory writ because Riley failed to allege in his complaint that he presented the statutorily required 'satisfactory evidence' of having taught successfully.
The peremptory writ was denied because Riley's complaint failed to allege that he presented the statutorily required 'satisfactory evidence' of having taught successfully, which was a prerequisite to obtaining the Life State Certificate.
“Any applicant filing with the State Superintendent of Public Instruction a valid State Certificate issued in this State, and presenting satisfactory evidence of having taught successfully in a high school or college for a period of twenty-four months under a State Certificate, and presenting endorsement of three holders of Life State or Life Graduate State Certificates as possessing eminent ability both as a teacher and disciplinarian, shall receive a Life State Certificate.”
The statutory requirement that Riley failed to meet by not alleging presentation of satisfactory evidence of successful teaching.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRiley held a Teacher's State Certificate issued June 23, 1919, and taught in Florida high schools for over twenty-four months. He applied on April 4, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandamus Proceeding cases and more on FLexlaw
Per Curiam.
An alternative writ of mandamus issued by this court alleges that R. R. Riley, the relator, held a Teacher’s State Certificate issued to him June 23, 1919; that by virtue of such certificate he has taught in stated high schools of the State of Florida for the period of twenty-four full months and more; that pursuant to Chapter 9122, Acts of 1923, he on April 4, 1924, filed an application with the respondent as State Superintendent of Public Instruction, requesting that a Life State Certificate be issued to him under the provisions of Sections 15 and 16 of Chapter 9122; that said application was accompanied by endorsements signed by stated, persons together with certificates of three holders of Life State Certificates or Life Graduate State Certificates, showing the possession of eminent ability, both as a teacher and a disciplinarian, and that petitioner has complied with each and every requirement, rule and regulation provided by law as a condition precedent to obtaining said certificate from the respondent, that respondent has declined to issue a Life State Certificate to relator. The command of the writ is that the respondent “as State Superintendent of Public Instruction of the State of Florida, forthwith do issue and deliver to the petitioner herein, R. R. Riley, a Life State Certificate, good in any part of the State and of perpetual validity as provided by Paragraph 15, Chapter 9122, Acts of 1923, or that yon” show cause for not doing so.
The respondent filed a return setting up matters that tend to show the relator had not “taught successfully” in a high school or college of the State, and that he is not a proper person to whom a Life State Certificate should be issued.
The relator moves for a peremptory writ and thereby admits the sufficient averments of the respondent’s return.
The statutory provision referred to is as follows:
“Any applicant filing with the State Superintendent of Public Instruction a valid State Certificate issued in this. State, and presenting satisfactory evidence of having taught successfully in a high school or college for a period of twenty-four months under a State Certificate, and presenting endorsement of three holders of Life State or Life Graduate State Certificates as possessing eminent ability both as a teacher and disciplinarian, shall receive a Life State Certificate.” Sec. 15, Chap. 9122, Acts of 1923.
One of the requirements of the statute as a prerequisite to the granting of a Life State Certificate, is that the applicant shall present to the State Superintendent of Public Instruction “satisfactory evidence of having taught successfully in a high school or college for a period of twenty-four months under a State Certificate.”
Without reference to the averments of the return, the alternative writ contains no allegation that the required “satisfactory evidence” was presented pursuant to the statute as a basis for issuing Life State Certificate, therefor the relator shows no right to a peremptory writ.
Peremptory writ denied.
West, C. J., and Whitfield, Ellis, Browne, Terrell and Strum, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Doyle E. Carlton, 103 Fla. 810 (Fla. 1931)…follows that the motion for the peremptory writ of [*833] mandamus must be denied and the alternative writ quashed and the proceeding dismissed, and it is so ordered. See State ex rel. R. R. Riley v. Cawthon, State Superintendent, etc., 89 Fla. 299, 103 Sou. Rep. 628. Alternative writ of mandamus quashed. Proceeding dismissed. Whitfield, P.J., and Terrell, J., concur. Buford, C.J., concurs in the opinion and judgment. Ellis and Brown, J.J., concur specially. Ellis, J., agrees to the conclusion based on the…
-
Miles v. State, 160 Fla. 523 (Fla. 1948)…inconsistent in character, are charged in a single count, in violation of the rule condemning duplicity. That position is untenable. The style employed in drafting the information has been approved by this Court. See Billings v. State, 89 Fla. 309, 103 So. 628 (1925); Hamilton v. State, 129 Fla. 219, 176 So. 89, 112 A.L.R. 1013 (1939); Holden v. State, 136 Fla. 880, 187 So. 781 (1939). Next, appellant argued that there was no proof of the corpus delicti when the trial court permitted “confessions” to be…
-
Ogden King, Jr. v. State, 545 So. 2d 375 (Fla. 4th DCA 1989)…this point clearly establishes that a single count may contain multiple methods of committing the same offense. See Hamilton v. State, 129 Fla. 219, 176 So. 89 (1937); Croft v. State, 109 Fla. 188, 146 So. 649 (1933); Billings v. State, 89 Fla. 309, 103 So. 628 (1925); Bean v. State, 469 So. 2d 768 (Fla. 5th DCA 1984). We reject King’s claim that the indictment in this case was legally flawed because the state alleged that death was caused intentionally by both providing cocaine and causing neck compressio…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence