Pelham v. School Board of Wakulla County

District Court of Appeal of Florida

Pelham v. School Board of Wakulla County

451 So. 2d 1004, 18 Educ. L. Rep. 504, 1984 Fla. App. LEXIS 13575

CourtDistrict Court of Appeal of Florida

DecidedJune 15, 1984

DocketNo. AX-442

StatusPublished

This text of 451 So. 2d 1004 (Pelham v. School Board of Wakulla County) 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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Pelham v. School Board of Wakulla County, 451 So. 2d 1004, 18 Educ. L. Rep. 504, 1984 Fla. App. LEXIS 13575 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Upon consideration of the petition for writ of prohibition and the response thereto, we find that petitioner has shown a “well-grounded fear that he will not receive a fair [hearing] at the hands of the [respondent agency.]” Sikes v. Seaboard Coastline RR Co., 429 So.2d 1216, 1224 (Fla. 1st DCA 1983). The petition for writ of prohibition is therefore granted, and the members set forth in the petition are disqualified from participating in the hearing on the amended recommended order entered below on October 12, 1983. Within 10 days of the date of the order entered herein April 5, 1984, respondent shall make application to the Governor, pursuant to Section 120.71, Florida Statutes (1983), for appointment of a sufficient number of persons to respondent school board so that a quorum will be present at the hearing on the recommended order, such hearing to be set within 30 days of the date of that appointment.¹

MILLS, SMITH and NIMMONS, JJ., concur.

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PER CURIAM.

Upon consideration of the petition for writ of prohibition and the response thereto, we find that petitioner has shown a “well-grounded fear that he will not receive a fair [hearing] at the hands of the [respondent agency.]” Sikes v. Seaboard Coastline RR Co., 429 So.2d 1216, 1224 (Fla. 1st DCA 1983). The petition for writ of prohibition is therefore granted, and the members set forth in the petition are disqualified from participating in the hearing on the amended recommended order entered below on October 12, 1983. Within 10 days of the date of the order entered herein April 5, 1984, respondent shall make application to the Governor, pursuant to Section 120.71, Florida Statutes (1983), for appointment of a sufficient number of persons to respondent school board so that a quorum will be present at the hearing on the recommended order, such hearing to be set within 30 days of the date of that appointment.¹

MILLS, SMITH and NIMMONS, JJ., concur.

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451 So. 2d 1004, 18 Educ. L. Rep. 504, 1984 Fla. App. LEXIS 13575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelham-v-school-board-of-wakulla-county-fladistctapp-1984.

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