# Trawick v. Board of Public Instruction ex rel. County of Orange

> District Court of Appeal of Florida · March 20, 1959 · 110 So. 2d 86

URL: https://www.frixlaw.com/law-library/cases/4769524

## Case

- **Full name:** Ida Lee TRAWICK v. BOARD OF PUBLIC INSTRUCTION FOR COUNTY OF ORANGE, State of Florida, a body corporate and politic under the laws of the State of Florida and Brantley Burcham, Herment E. Smith, W. J. Taylor, R. N. Heintzelman and Mrs. Leslie Turner, Individually as constituting the members of The Board of Public Instruction for the County of Orange
- **Court:** District Court of Appeal of Florida
- **Decided:** March 20, 1959
- **Citations:** 110 So. 2d 86; 1959 Fla. App. LEXIS 3150
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Drewharris
- **Judges:** Allen, Drew, Harris, Shannon
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4769524

## Opinion text

DREW, E. HARRIS, Associate Judge,
This appeal is from an order of the trial court holding that Ida Lee Trawick had failed in her petition for writ of mandamus to show a clear legal right to have an alternative writ issued. The trial court dissolved and dismissed the rule to show cause 1 and provided “the parties shall go hence without day.”
No useful purpose would be served by a lengthy opinion. We are of the view that the petition seeking an order requiring the Board of Public Instruction of Orange County to award petitioner a contract as a “contract teacher” is legally sufficient, makes out a prima facie case, and justifies the issuance of the alternative writ and a disposition of the cause on the merits.
The constitutionality of the legislative acts involved in this case 2 is not raised.
Reversed with directions to vacate the questioned order and for further proceedings.
ALLEN, Acting Chief Judge, and SHANNON, J., concur.
. The procedure here is somewhat unusual but obviously authorized by Rule 2.19, Florida Rules of Civil Procedure, 31 F.S.A. Upon filing the petition for mandamus a rule to show cause was issued pursuant to the rule. On the return day the trial court heard arguments on the legal sufficiency of the petition and entered the order complained of. No question has been raised concerning the propriety of the procedure, both parties agreeing that the sole issue is the legal sufficiency of the petition.
. Chapter 24745, Laws of Florida, Acts of 1947.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4769524. Public record. Not legal advice.