Opinion

Board of Public Instruction v. Rowe

  • 152 Fla. 762
  • 13 So. 2d 151
  • 1943 Fla. LEXIS 1034
Court
Supreme Court of Florida
Filed
Apr 27, 1943
Status
Published
Author
Adams
On the bench
Adams, Buford, Terrell, Chapman
Cited by
0 cases
Authority
More cited than 37.6%

The 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

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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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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