STATE, EX REL. L. D. CARSON, ELLEN CREWS AND VIRGIE BATEMAN, ET VIR,
v.
CLYDE BATEMAN, CHAIRMAN, J. A. FILLIGIN, AND J. C. GALLOWAY, AS AND CONSTITUTING THE BOARD OF PUBLIC INSTRUCTION OF LIBERTY COUNTY, AND T. GRADY SHULER, AS COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION OF LIBERTY COUNTY
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This case involves a request for a writ of mandamus to reinstate teachers. The court denied the writ, finding that the teachers' rights were not clearly established and that issuing the writ would harm the public welfare by causing confusion in the school system.
No, a peremptory writ of mandamus should not be issued. The court found that the relators' rights to be employed were not clearly established, and that issuing the writ would cause confusion and harm the public welfare.
“Upon consideration of the record it appears that the asserted rights of the relators to be employed as teachers have not been shown to be clearly established for enforcement by mandamus; that the teaching force of the district has been in operation for a large portion of the school term in general accord with a peremptory writ of. mandamus issued by the Circuit Court; and that the issue of a peremptory writ herein would cause confusion in the work of the schools to the detriment of the public welfare.”
This quote explains the court's primary reasons for denying the writ: lack of clearly established rights and potential harm to the public welfare.
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Join FLexlaw to unlock all legal intelligenceRelators sought a writ of mandamus to compel the Board of Public Instruction to reinstate them as teachers for the 1937-1938 school year. The alternat…
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The alternative writ of mandamus herein issued from this court commanded the respondent members of the Board of Public Instruction for Liberty County, Florida, to instanter convene as such Board and reinstate relators as teachers in the public school at Hosford, Florida, in Special Tax School District No. 6 of Liberty County, for the school- year 1937-1938, and to contract with them for their services as such teachers, and commanded the *626respondent County Superintendent of Public Instruction of Liberty County, Florida, to do and perform all acts necessary on his part to effectuate the carrying out of the other commands of the writ, or to show cause for not doing so.
A motion to quash the alternative writ was denied with leave to answer, in order that a full showing may be made of the rights asserted. Upon the filing of the answer, relators moved for a peremptory writ notwithstanding the answer; and if such averments are legally sufficient as a defense to the writ, a peremptory writ should be denied.
Upon consideration of the record it appears that the asserted rights of the relators to be employed as teachers have not been shown to be clearly established for enforcement by mandamus; that the teaching force of the district has been in operation for a large portion of the school term in general accord with a peremptory writ of. mandamus issued by the Circuit Court; and that the issue of a peremptory writ herein would cause confusion in the work of the schools to the detriment of the public welfare.
The court may refuse a peremptory writ of mandamus upon equitable considerations affecting the general good of the community where such considerations preponderate against an asserted right to the writ that is not clearly established. If relators have contract rights they may be reversed in appropriate actions.
Peremptory writ is denied and the cause is dismissed.
Ellis, C. J., and Whitfield, Terrell, 'Brown and Chapman, J. J., concur.
Buford, J., not participating.
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State v. LEE, 150 Fla. 35 (Fla. 1942)…nted is whether or not the allegations of the challenged return or answer are legally sufficient to preclude the issuance of the writ. See State ex rel. Harrington v. City of Pompano, 136 Fla. 730, 188 So. 610; State ex rel. [*41] Carson v. Bateman, 131 Fla. 625, 180 So. 22; Florida Military Academy, Inc., v. State ex rel. Moyer, 127 Fla. 781, 174 So. 3; State ex rel. Enby v. Wood, 140 Fla. 185, 191 So. 769; State ex rel. Campbell v. Sloan, 135 Fla. 179, 184 So. 781; State ex rel Peacock v. Latham, 125 Fla.…
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The State of Fla. ex rel. Virgil D. Hawkins v. Bd. OF Control, 93 So. 2d 354 (Fla. 1957)…ditional power as a state [*356] court to decline to issue the extraordinary writ of mandamus if to do so would tend to work a serious public mischief. City of Safety Harbor v. State, 1939, 136 Fla. 636, 187 So. 173, State ex rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22; State ex rel. Gibson v. City of Lakeland, 126 Fla. 342, 171 So. 227; State ex rel. Bottome v. City of St. Petersburg, 126 Fla. 233, 170 So. 730. The relator then filed a petition for certiorari in the United States Supreme Court to rev…
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State v. Bd. OF Control, 83 So. 2d 20 (Fla. 1955)…arable injury or embarrassment in the orderly functioning of the government with regard to its financial affairs, unless so restricted.” City of Safety Harbor v. State, 1939, 136 [*25] Fla. 636, 187 So. 173. See also State ex rel. Carson v. Bateman, 131 Fla. 625, 180 So. 22; State ex rel. Gibson v. City of Lakeland, 126 Fla. 342, 171 So. 227; State ex rel. Bottome v. City of St. Petersburg, 126 Fla. 233, 170 So. 730. It is our opinion that, both under the equitable principles applicable to mandamus proceed…
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