Board of Public Instruction v. Rowe

Supreme Court of Florida

Board of Public Instruction v. Rowe

13 So. 2d 151, 152 Fla. 762, 1943 Fla. LEXIS 1034

DecidedApril 27, 1943

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This text of 13 So. 2d 151 (Board of Public Instruction v. Rowe) 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.

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Board of Public Instruction v. Rowe, 13 So. 2d 151, 152 Fla. 762, 1943 Fla. LEXIS 1034 (Fla. 1943).

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Opinion

ADAMS, J.:

The law of this case was settled on its former appearance in this Court. Board of Public Instruction of Manatee County v. Rowe, 151 Fla. 520, 10 So. (2nd) 311. On appeal from a *763 judgment for plaintiff it is urged that the judgment is excessive and that the trial judge did not properly designate from what fund the judgment should be paid.

We find ample evidence to sustain the judgment which is $1400.00.

It is quite clear that the judgment is to be paid from the general county school fund and not from the special tax school district. It was the wrongful act of the County Board that precipitated the law suit and the fee sued for was authorized by the County Board. No obligation could have been incurred by the trustees of the district without the approval of the County Board. The action of the lower court in directing payment from the county general school fund was proper and the judgment is affirmed.

Affirmed.

BUFORD, C. J. TERRELL and CHAPMAN, JJ., concur.

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ADAMS, J.:

The law of this case was settled on its former appearance in this Court. Board of Public Instruction of Manatee County v. Rowe, 151 Fla. 520, 10 So. (2nd) 311. On appeal from a *763 judgment for plaintiff it is urged that the judgment is excessive and that the trial judge did not properly designate from what fund the judgment should be paid.

We find ample evidence to sustain the judgment which is $1400.00.

It is quite clear that the judgment is to be paid from the general county school fund and not from the special tax school district. It was the wrongful act of the County Board that precipitated the law suit and the fee sued for was authorized by the County Board. No obligation could have been incurred by the trustees of the district without the approval of the County Board. The action of the lower court in directing payment from the county general school fund was proper and the judgment is affirmed.

Affirmed.

BUFORD, C. J. TERRELL and CHAPMAN, JJ., concur.

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13 So. 2d 151, 152 Fla. 762, 1943 Fla. LEXIS 1034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-public-instruction-v-rowe-fla-1943.

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