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

> District Court of Appeal of Florida · January 19, 1971 · 243 So. 2d 210

URL: https://www.frixlaw.com/law-library/cases/7441209

## Case

- **Full name:** BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, a body corporate v. DADE COUNTY CLASSROOM TEACHERS' ASSOCIATION, Inc., a Florida corporation, not for profit
- **Court:** District Court of Appeal of Florida
- **Decided:** January 19, 1971
- **Citations:** 243 So. 2d 210; 76 L.R.R.M. (BNA) 2856; 1971 Fla. App. LEXIS 5383
- **Precedential status:** Published
- **Opinion:** Concurring in part by Pearson
- **Judges:** Hendry, Pearson, Swann
- **Cited by:** 9 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/7441209

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7441209. Public record. Not legal advice.