THE BOARD OF PUBLIC INSTRUCTION FOR THE COUNTY OF MANATEE, STATE OF FLORIDA, A CORPORATION COMPOSED OF A. K. HAWKINS, CHAIRMAN, R. H. PRINE AND J. W. WALKER

v.

STATE OF FLORIDA EX REL. TRUSTEES OF SCHOOL DISTRICT NO. 16 OF MANATEE COUNTY, FLORIDA, A CORPORATION COMPOSED OF D. M. COURTNEY, CHAIRMAN, LINCOLN MARINE AND RAYMOND BARBER

Fla. | 1941-08-01

Brown, C. J., Whitfield, Buford and Adams, J. J., concur.

148 Fla. 57 Florida Supreme Court (1941) Positive Treatment

Also reported at: 3 So. 2d 707

Cited by 6 cases

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Holding

The court held that trustees of special tax school districts have the power to nominate teachers, overriding conflicting provisions in the school code.

Facts & Procedural History

The Board of Public Instruction was ordered by mandamus to employ two teachers recommended by district trustees. One teacher was appointed, but the ot…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Constitutional Interpretation Mandamus Statutory Construction Statutory Interpretation

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Opinion of the Court

Per Curiam.

This appeal is from an order granting a peremptory writ of mandamus commanding the Board of Public Instruction of Manatee County to employ Mrs. W. M. Suit and Miss Lillie Mae Colquitt as teachers in Palmetto High School, Special Tax School District Number 16 of Manatee County, the said teachers having been recommended by the trustees of the district. It appears that after the peremptory writ was issued, Miss Colquitt was appointed so the appointment of Mrs. Suit is all that is involved in this case.

The appellants contend that the order appealed from is erroneous because Palmetto High School is a county school as defined by Chapter 19355, Acts of 1939, better known as the school code, that said school is supported exclusively by county funds and that when such is the case, the school code requires that the nomination of teachers be made by the County Superintendent of Public Instruction.

There is no merit to. this- contention. .Section- 10 *59of Article XII of the Constitution provides that trustees of special tax school districts shall have the supervision of all schools within the district so any provision of the school code tending to destroy such supervision will not be enforced. The school code evidences no purpose to abrogate the general power of the trustees of special tax school districts to nominate teachers in a regularly constituted special tax school district. It is a mere fiction to contend that county schools are supported exclusively by county funds when the special tax school district is an integral part of the county.

Having disposed of this question contrary to the contention of appellants, it follows that the case is ruled on this point by Pittman, et al., v. Barker, et al., 113 Pla. 865, 152 So. 682; State ex rel. Altman v. Arnold, 140 Fla. 80, 191 So. 71, and like cases so the judgment appealed from is affirmed.

Affirmed.

Brown, C. J., Whitfield, Buford and Adams, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

State v. Golson, 153 Fla. 469 (Fla. 1943)

…asons it was a nullity which the Board was not bound by. Evidence on this point was taken and considered, after which motion of respondents to quash the writ was granted. Relator appealed. In Board of Public Instruction for Manatee County v. State, 148 Fla. 57, 3 So. (2nd) 707, we construed Section 10 of Article XII of the Constitution to give the trustees of Special Tax School Districts supervision of all schools within the district. We further said that the school code evidences no purpose to abrogate t…
The Bd. of Pub. Instruction of Manatee Cnty. v. Alvan B. Rowe, 151 Fla. 520 (Fla. 1942)

…o pursue such course and procure a judicial determination of such rights before the Board would take such affirmative action. This the Trustees did. See Board of Public Instruction of Manatee County v. State ex rel. Trustees, School District No. 16, 148 Fla. 57, 3 So. (2nd) 707. The record shows that plaintiff was employed by the Trustees to institute and prosecute this suit after the Board of Public Instruction had declined to recognize the right of the Trustee to exercise the powers and functions which t…

Authorities Cited

State v. Barker, 113 Fla. 865 (Fla. 1934)
Johns v. State, 140 Fla. 80 (Fla. 1939)

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