Opinion

Hillard v. School Board of St. Lucie County

  • 76 So. 3d 1135
  • 2012 Fla. App. LEXIS 157
  • 2012 WL 75096
Court
District Court of Appeal of Florida
Filed
Jan 11, 2012
Status
Published
On the bench
Ehrlich, Merrilee, Polen, Warner
Cited by
0 cases
Authority
More cited than 17.9%

The opinion

PER CURIAM.

We affirm the circuit court’s dismissal of this action for failure to exhaust administrative remedies, on the authority of Sch. Bd. of Flagler Cnty. v. Hauser, 293 So.2d *1136 681 (Fla.1974). Like the teacher in Hauser , appellant claimed that she had a continuing contract of employment in the school district, while the appellee school board claimed that she was retained on an annual contract, to which she was not reappointed. Also similar to Hauser , appellant sought declaratory relief in the circuit court on the basis of her claim to a continuing contract. In Hauser , our supreme court held that, under these circumstances, the teacher was required to exhaust administrative remedies by seeking a hearing under the Administrative Procedures Act. 293 So.2d at 683 . We are bound by this precedent. However, as in Hauser , our affirmance is without prejudice to appellant seeking the administrative hearing to which she was entitled.

Affirmed.

WARNER, POLEN, JJ„ and EHRLICH, MERRILEE, Associate Judge, 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.