Lavon Wright v. Board of Public Instruction of Alachua County, Florida

Fifth Circuit

Lavon Wright v. Board of Public Instruction of Alachua County, Florida

445 F.2d 1397

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 18, 1971

Docket71-2264

StatusPublished

Cited by14 cases

This text of 445 F.2d 1397 (Lavon Wright v. Board of Public Instruction of Alachua County, Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lavon Wright v. Board of Public Instruction of Alachua County, Florida, 445 F.2d 1397 (5th Cir. 1971).

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Opinion

PER CURIAM:

Appellants complain of the sua sponte dismissal of this cause by the district court to the extent that status reports would not be required during the three school years next following the order finding the school system to be unitary. Their position is that the cause should be maintained on the inactive docket during such reporting period and pending final dismissal on notice, and without prejudice to their presenting reasons at the time as to why dismissal should be further delayed. The district court was of the view that the court could not act on a motion for this relief which was filed subsequent to the filing of notice of appeal.

As has been the consistent policy of this court, we vacate the judgment of the district court and remand with direction that the school board be required to file semi-annual reports similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, 618-619 (thirty Mississippi School Districts). See also, e. g., Hall v. St. Helena Parish School Board, 5 Cir, 1971, 443 F.2d 1181, involving six Louisiana school districts.

Vacated and remanded with direction.

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PER CURIAM:

Appellants complain of the sua sponte dismissal of this cause by the district court to the extent that status reports would not be required during the three school years next following the order finding the school system to be unitary. Their position is that the cause should be maintained on the inactive docket during such reporting period and pending final dismissal on notice, and without prejudice to their presenting reasons at the time as to why dismissal should be further delayed. The district court was of the view that the court could not act on a motion for this relief which was filed subsequent to the filing of notice of appeal.

As has been the consistent policy of this court, we vacate the judgment of the district court and remand with direction that the school board be required to file semi-annual reports similar to those required in United States v. Hinds County School Board, 5 Cir., 1970, 433 F.2d 611, 618-619 (thirty Mississippi School Districts). See also, e. g., Hall v. St. Helena Parish School Board, 5 Cir, 1971, 443 F.2d 1181, involving six Louisiana school districts.

Vacated and remanded with direction.

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445 F.2d 1397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavon-wright-v-board-of-public-instruction-of-alachua-county-florida-ca5-1971.

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