Board of Public Instruction v. Britt

Supreme Court of Florida

Board of Public Instruction v. Britt

26 So. 2d 902, 157 Fla. 676, 1946 Fla. LEXIS 828

DecidedJuly 2, 1946

StatusPublished

This text of 26 So. 2d 902 (Board of Public Instruction v. Britt) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Public Instruction v. Britt, 26 So. 2d 902, 157 Fla. 676, 1946 Fla. LEXIS 828 (Fla. 1946).

Pincite

Opinion

PER CURIAM:

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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

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.

Cite This Page — Counsel Stack

Bluebook (online)

26 So. 2d 902, 157 Fla. 676, 1946 Fla. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-public-instruction-v-britt-fla-1946.