LENA MARINELLI BARASA, ALSO KNOWN AS LENA MARINELLI BARASA HAUSER, APPELLANT,
v.
THE BOARD OF PUBLIC INSTRUCTION OF FLAGLER COUNTY, FLORIDA, APPELLEE

Fla. 1st DCA | 1970-08-11
No. M-458
CARROLL, DONALD K., Acting C. J:, and WIGGINTON and SPECTOR, JJ., concur.
238 So. 2d 304 Florida District Court of Appeal, First District (1970) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the record on appeal and briefs filed by counsel for the respective parties herein, and upon consideration thereof we hold that the appellant has failed to demonstrate that the order dismissing this cause was erroneous. Accordingly, the judgment hereby appealed is affirmed. Rimer v. Mortgage Guarantee Corporation, 168 So.2d 549 (Fla.App.1964), and 2 Fla.Jur., Appeals, Section 316.

CARROLL, DONALD K., Acting C. J:, and WIGGINTON and SPECTOR, JJ., concur.


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  • The Sch. Bd. OF Flagler Cnty. v. Hauser, 293 So. 2d 681 (Fla. 1974)
    …court of appeal would be futile because of the teacher’s failure to exhaust administrative remedies; accordingly, the mandamus cause was dismissed. This was affirmed per curiam by the district court of appeal (Barasa v. Board of Public Instruction, 238 So. 2d 304) and we denied certiorari (Fla., 240 So. 2d 815). Despite this proper holding determinative of the matter, the circuit court persisted in proceeding in the declaratory action, denied the motion to dismiss therein, whereupon the school board filed a…
  • …Certiorari denied. 238 So. 2d 304. ROBERTS, DREW, CARLTON and BOYD, JJ., concur. ERVIN, C. J., and ADKINS, J., dissent.…

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