THE BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY, FLORIDA,
v.
MARK T. BRITT, ET AL.
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The Florida Supreme Court addressed certified questions regarding the validity of an election to consolidate school districts and the constitutionality of the statute under which the election was held. The court found that a prior ruling on a similar case controlled the outcome.
The court held that the fundamental questions raised by the certification were resolved by a prior decision of the court in a similar case, W. J. Fowler, et al. v. Charles G. Turner, et al.
“We are of the view that all fundamental questions raised by the certification have been set at rest by the latest pronouncement of this court in W. J. Fowler, et al. v. Charles G. Turner, et al., on rehearing granted and opinion filed June 21, A. D. 1946.”
This quote establishes that the court's decision is based on a prior ruling.
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Join FLexlaw to unlock all legal intelligenceThe case involved litigation challenging the validity of an election held in Special Tax School Districts in Orange County, Florida. The election aime…
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This case comes here on questions or propositions of law certified to this court by the Circuit Judge of Orange County, pursuant to Supreme Court Rule 38. The questions arise out of litigation seeking to test the validity of an election held in certain Special Tax School Districts in Orange County whereby it was sought to consolidate or reorganize said districts into one new district. Section 236.59 Florida Statutes, 1941, under which the election was conducted, is also assailed on constitutional grounds.
We are of the view that all fundamental questions raised by the certification have been set at rest by the latest pronouncement of this court in W. J. Fowler, et al. v. Charles G. Turner, et al., on rehearing granted and opinion filed June 21, A. D. 1946. Although that case arose under a special or local law pertaining to Dade County, Florida (Chapter 23226, Laws of Florida,' Special Acts of 1945), we think that the principles enunciated in the decision referred to are controlling.
It is so ordered.
CHAPMAN, C. J., TERRELL, BROWN, BUFORD, THOMAS, ADAMS and SEBRING, JJ., concur.
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