THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, APPELLANT,
v.
MARGARET MCQUISTON, APPELLEE
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The Board of Public Instruction of Dade County appealed a circuit court decision that quashed its dismissal of a non-instructional employee and ordered a rehearing. The appellate court reversed, holding that the circuit court lacked jurisdiction to entertain a certiorari petition challenging an executive employment decision that was not quasi-judicial in nature.
The circuit court lacked jurisdiction to entertain the certiorari petition. The Board's discharge of a non-instructional employee not protected by classified service was an executive action, not a quasi-judicial administrative action, and therefore was not reviewable by certiorari.
[1] A circuit court lacks jurisdiction to entertain a petition for certiorari challenging the discharge of a non-instructional employee when the discharge constitutes an exec…
[2] The discharge of a non-instructional employee by a Board of Public Instruction, not protected by classified service, is an executive action, not a quasi-judicial administ…
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Join FLexlaw to unlock all legal intelligence“the circuit court was without jurisdiction to entertain the proceedings resulting in the dismissal of the appellee were executive actions and not those of the Board or its employees in a quasi-judicial fashion”
Establishes the court's primary holding that the circuit court lacked jurisdiction and the dismissal was an executive, not quasi-judicial, action
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Join FLexlaw to unlock all legal intelligenceMcQuiston was a non-instructional employee of the Board of Public Instruction who was discharged for failure to comply with employment regulations. Sh…
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Appellee was a non-instructional employee of the appellant. She was discharged for failure to comply with regulations regarding her employment. She contends she had a right to appeal to a committee, which hearing should have been conducted in a quasi-judicial fashion. She took an appeal; the committee recommended her dismissal, which recommendation was approved by The Board of Public In*169struction. She then took certiorari to the circuit court and prevailed upon the circuit court to quash the order of the Board and to order a rehearing. The Board then appealed the circuit judge’s ruling to this certiorari proceeding, and (2) that the court, contending (1) that the circuit court was without jurisdiction to entertain the proceedings resulting in the dismissal of the appellee were executive actions and not those of the Board or its employees in a quasi-judicial fashion.
We find that the circuit court erred in two respects: First, it did not have jurisdiction to entertain the petition for certiorari. Adams v. Board of Public Instruction of Okaloosa County, Fla.App. 1969, 225 So.2d 423; Powell v. Board of Public Instruction of Levy County, Fla. App.1969, 229 So.2d 308.1 Further, even if the circuit court had jurisdiction it erred in construing the proceedings for dismissal of the employee as a quasi-judicial administrative action, when it is apparent that the action of the Board in discharging a non-instructional employee [not protected by classified service] was an executive action not reviewable by certiorari, cf. DeGroot v. Sheffield, Fla.1957, 95 So.2d 912; Bloomfield v. Mayo, Fla.App.1960, 119 So.2d 417; Modlin v. City of Miami Beach, Fla. 1967, 201 So.2d 70; § 230.23(5) (h), Fla.Stat., F.S.A.
Therefore, for the reasons above stated, the final order of the circuit court, here under review, be and the same is hereby set aside and reversed with directions to dismiss the petition for certiorari filed in the trial court.
Reversed and remanded, with directions.
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Morris v. State, 261 So. 2d 563 (Fla. 2d DCA 1972)…8 L.Ed.2d 1199; and Johnson v. New Jersey (1966), 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882. . See, e. g., Florida East Coast Railway Co. v. Rouse (Fla.1967), 194 So. 2d 260; Board of Public Instruction of Dade County v. McQuiston (Fla.App.1970), 233 So. 2d 168; and Personnel Board of City of Miami Beach v. Majewski (Fla.App.1969), 227 So. 2d 498. . See, Florida East Coast Railway Co. v. Rouse, id. . We assume that such a determination is now possible notwithstanding that such higher offense is “vague an…
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Vazquez v. The Hous. Auth. OF the City OF Homestead, 774 So. 2d 813 (Fla. 3d DCA 2000)…. As such, the decision of the circuit court declining jurisdiction was correct. See De Groot v. Sheffield, 95 So. 2d 912, 915 (Fla. 1957); Payne v. Wille, 657 So. 2d 964, 964-65 (Fla. 4th DCA 1995); Board of Pub. Instr. of Dade County v. McQuiston, 233 So. 2d 168 (Fla. 3d DCA 1970). Petition for writ of certiorari denied.…
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Authorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Fla. E. Coast Ry. Co. v. Rouse, 194 So. 2d 260 (Fla. 1966)
- Modlin v. The City OF Miami Beach, 201 So. 2d 70 (Fla. 1967)
- Bloomfield v. Mayo, 119 So. 2d 417 (Fla. 1st DCA 1960)
- Powell v. The Bd. OF Pub. Instruction OF Levy Cnty., 229 So. 2d 308 (Fla. 1st DCA 1969)
- Nolan Adams v. The Bd. OF Pub. Instruction OF Okaloosa Cnty., 225 So. 2d 423 (Fla. 1st DCA 1969)
- Pers. Bd. OF the City OF Miami Beach v. Majewski, 227 So. 2d 498 (Fla. 3d DCA 1969)