Richardson v. Board of Public Instruction of Palm Beach County, Fla.

Fifth Circuit

Richardson v. Board of Public Instruction of Palm Beach County, Fla.

188 F.2d 832, 1951 U.S. App. LEXIS 3112

Court of Appeals for the Fifth Circuit·Decided May 1, 1951·No. 13452_1·Published

Opinion

PER CURIAM.

We think that the District Court erred in dismissing appellants’ suit with prejudice; but that the error may be corrected and substantial justice done by modifying the judgment so as to provide that the dismissal be without prejudice, and that the cost of this appeal be paid by the Board, one of the appellees. It is, therefore, ordered that the judgment appealed from be modified so as to provide for the dismissal of appellants’ complaint without prejudice, and for the entire cost of this appeal to be taxed against the Board of Public Instruction of Palm Beach County, Florida. As so modified, the judgment is affirmed.

Affirmed.

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PER CURIAM.

We think that the District Court erred in dismissing appellants’ suit with prejudice; but that the error may be corrected and substantial justice done by modifying the judgment so as to provide that the dismissal be without prejudice, and that the cost of this appeal be paid by the Board, one of the appellees. It is, therefore, ordered that the judgment appealed from be modified so as to provide for the dismissal of appellants’ complaint without prejudice, and for the entire cost of this appeal to be taxed against the Board of Public Instruction of Palm Beach County, Florida. As so modified, the judgment is affirmed.

Affirmed.

Richardson v. Board of Public Instruction of Palm Beach County, Fla., 188 F.2d 832, 1951 U.S. App. LEXIS 3112 (5th Cir. 1951).

Pincite

188 F.2d 832 (Richardson v. Board of Public Instruction of Palm Beach County, Fla.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.