IDA LEE TRAWICK, APPELLANT,
v.
BOARD OF PUBLIC INSTRUCTION FOR COUNTY OF ORANGE, STATE OF FLORIDA, A BODY CORPORATE AND POLITIC UNDER THE LAWS OF THE STATE OF FLORIDA; AND BRANTLEY BURCHAM, HERMENT E. SMITH, W. J. TAYLOR, R. N. HEINTZELMAN AND MRS. LESLIE TURNER, INDIVIDUALLY AS CONSTITUTING THE MEMBERS OF THE BOARD OF PUBLIC INSTRUCTION FOR THE COUNTY OF ORANGE, APPELLEES
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The appellate court reversed a lower court's dismissal of a petition for a writ of mandamus, finding the petition legally sufficient to warrant further proceedings on the merits.
Yes, the petition was legally sufficient and made out a prima facie case, justifying the issuance of an alternative writ.
“We are of the view that the petition seeking an order requiring the Board of Public Instruction of Orange County to award petitioner a contract as a "contract teacher" is legally sufficient, makes out a prima facie case, and justifies the issuance of the alternative writ and a disposition of the cause on the merits.”
This quote establishes the appellate court's finding that the petition was sufficient to proceed.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIda Lee Trawick petitioned for a writ of mandamus to compel the Board of Public Instruction of Orange County to award her a contract as a "contract te…
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This appeal is from an order of the trial court holding that Ida Lee Trawick had failed in her petition for writ of mandamus to show a clear legal right to have an alternative writ issued. The trial court dissolved and dismissed the rule to show cause1 and provided “the parties shall go hence without day.”
No useful purpose would be served by a lengthy opinion. We are of the view that the petition seeking an order requiring the Board of Public Instruction of Orange County to award petitioner a contract as a “contract teacher” is legally sufficient, makes out a prima facie case, and justifies the issuance of the alternative writ and a disposition of the cause on the merits.
The constitutionality of the legislative acts involved in this case2 is not raised.
Reversed with directions to vacate the questioned order and for further proceedings.
ALLEN, Acting Chief Judge, and SHANNON, J., concur.