DADE COUNTY SCHOOL BOARD ET AL., APPELLANTS,
v.
DADE COUNTY CLASSROOM TEACHERS' ASSOCIATION, INC., AND DADE FEDERATION OF TEACHERS, LOCAL 1875 AFL/CIO, ET AL., APPELLEES
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The Court denied a petition for mandamus seeking to compel the Legislature to enact standards for public employee collective bargaining, as guaranteed by the state constitution.
The Court denied the petition for mandamus, holding that it cannot compel the Legislature to enact specific legislation regarding public employee collective bargaining.
The Dade County Classroom Teachers' Association filed a petition for mandamus to compel the Florida Legislature to enact standards and guidelines for …
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We have for consideration the motion of appellees, plaintiffs below, to set aside the automatic stay, provided by Rule 5.12, Florida Appellate Rule, 32 F.S.A.
Upon sworn complaint, the trial court entered an order on July 20, 1973, requiring- appellants to return to the collective bargaining table. The trial court denied an oral motion for stay of this order pending appeal. Thereupon, Dade County School Board appealed within a sufficient time to invoke the automatic stay provision of Rule 5.12, Florida Appellate Rule. The motion under consideration was then filed by ap-pellees.
We have heard argument of counsel. The motion to set aside the automatic stay is granted with the condition that appellees may bargain collectively only for those teachers who have designated appellees as their bargaining agent. No rehearing will be allowed.
It is so ordered.
CARLTON, C. J., and ROBERTS, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991)…ick v. Bounetheau, 139 Fla. 461, 190 So. 882 (1939). Here, we are declaring chapter 90-201 unconstitutional not because the legislature lacked the power to enact it, but because of the form of its enactment. In Gulesian v. Dade County School Board, 281 So. 2d 325 (Fla.1973), [*1175] this Court affirmed the trial court’s ruling that a statute purporting to authorize school districts to levy ad valorem taxes in excess of ten mills without a vote of the electorate was unconstitutional. However, the trial judge…
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The Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976)…operates prospectively from the date the opinion becomes final because persons relying on the state statute did so assuming it to be valid despite the new provisions of the 1968 State Constitution. Compare Gulesian v. Dade County School Board, Fla., 281 So. 2d 325, opinion filed July 31, 1973, and City of Naples v. Conboy [Fla.], 182 So. 2d 412 at 417 et seq.” (emphasis supplied) In its decision filed September 12, 1973, the Court, in responding to questions certified from the circuit court, held that Sectio…
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Interlachen Lakes Ests., Inc. v. Snyder, 304 So. 2d 433 (Fla. 1973)…operates prospectively from the date the opinion becomes final because persons relying on the state statute did so assuming it to be valid despite the new provisions of the 1968 State Constitution. Compare Gulesian v. Dade County School Board, Fla., 281 So. 2d 325, opinion filed July 31, 1973, and City of Naples v. Conboy, 182 So. 2d 412 at 417 et seq. It is so ordered. CARLTON, C. J., and ADKINS and McCAIN, JJ., concur. BOYD, J., dissents with opinion. DEKLE, J., dissents.…
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