Opinion

Board of Public Instruction of Dade County v. Dade County Classroom Teachers' Ass'n

  • 243 So. 2d 210
  • 76 L.R.R.M. (BNA) 2856
  • 1971 Fla. App. LEXIS 5383
Court
District Court of Appeal of Florida
Filed
Jan 19, 1971
Status
Published
Author
Pearson
On the bench
Hendry, Pearson, Swann
Cited by
9 cases
Authority
More cited than 25.0%

defendant could not complain of error in converting temporary injunction to permanent injunction without proof of irreparable injury when defendant stipulated that court could enter final judgment based on the record of temporary injunction proceedings

How later courts described this case

  • defendant could not complain of error in converting temporary injunction to permanent injunction without proof of irreparable injury when defendant stipulated that court could enter final judgment based on the record of temporary injunction proceedings
  • titles to legislative acts may be examined and considered in order to determine the legislative intent
  • legislative intent is gleaned from the judicial practice of examining the title of a given act

Written by the judges who cited it.

The opinion

PEARSON, Chief Judge

(concurring in part and dissenting in part).

I agree that the injunctive order is too broad and that this court properly struck the portion of the order specified. I do not agree that the action of the legislature in repealing the statewide requirement for a teacher to take and pass the N.T.E. with a minimum score constitutes a legislative prohibition upon the use of that examination by local school authorities. The courts ought not attribute to the legislature an intent beyond that expressed. State ex rel. Davis v. Knight, 98 Fla. 891 , 124 So. 461 (1929).

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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