Brennan v. Professional Practices Council

District Court of Appeal of Florida

Brennan v. Professional Practices Council

386 So. 2d 887, 1980 Fla. App. LEXIS 17348

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1980

DocketNo. VV-67

StatusPublished

This text of 386 So. 2d 887 (Brennan v. Professional Practices Council) is published on Counsel Stack Legal Research, covering District Court of Appeal 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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Brennan v. Professional Practices Council, 386 So. 2d 887, 1980 Fla. App. LEXIS 17348 (Fla. Ct. App. 1980).

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PER CURIAM.

The petitioner, an English teacher in a Santa Rosa County middle school, seeks a writ of prohibition preventing the Professional Practices Council from sending an “assistance reviewer” to petitioner’s classroom to evaluate her teaching. The principal at petitioner’s school requested the assistance reviewer (an English teacher in a Leon County middle school) to observe, report on petitioner’s strengths and weaknesses in the classroom and suggest ways to improve petitioner’s teaching. The review was not for disciplinary or dismissal purposes. Petitioner asserts there was no statutory authority for the PPC’s actions. We agree with the PPC that, since no proceeding has been held or is threatened to be held, and since the PPC is not wielding any quasi-judicial power in the acts complained of, there is no basis for issuing a writ of prohibition. See State ex rel. Swearingen v. Railroad Commissioners, 79 Fla. 526, 84 So. 444 (1920).

The suggestion for writ of prohibition is denied.

ERVIN and LARRY G. SMITH, JJ., concur. BOOTH, J., dissenting with opinion.

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PER CURIAM.

The petitioner, an English teacher in a Santa Rosa County middle school, seeks a writ of prohibition preventing the Professional Practices Council from sending an “assistance reviewer” to petitioner’s classroom to evaluate her teaching. The principal at petitioner’s school requested the assistance reviewer (an English teacher in a Leon County middle school) to observe, report on petitioner’s strengths and weaknesses in the classroom and suggest ways to improve petitioner’s teaching. The review was not for disciplinary or dismissal purposes. Petitioner asserts there was no statutory authority for the PPC’s actions. We agree with the PPC that, since no proceeding has been held or is threatened to be held, and since the PPC is not wielding any quasi-judicial power in the acts complained of, there is no basis for issuing a writ of prohibition. See State ex rel. Swearingen v. Railroad Commissioners, 79 Fla. 526, 84 So. 444 (1920).

The suggestion for writ of prohibition is denied.

ERVIN and LARRY G. SMITH, JJ., concur. BOOTH, J., dissenting with opinion.

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386 So. 2d 887, 1980 Fla. App. LEXIS 17348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-professional-practices-council-fladistctapp-1980.

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