# Shuler v. School Board of Liberty County

> District Court of Appeal of Florida · June 9, 1978 · 366 So. 2d 1184

URL: https://www.frixlaw.com/law-library/cases/7494709

## Case

- **Full name:** Laquita SHULER, as Superintendent of Schools v. The SCHOOL BOARD OF LIBERTY COUNTY, Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** June 9, 1978
- **Citations:** 366 So. 2d 1184; 1978 Fla. App. LEXIS 17261
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mills
- **Judges:** Boyer, Mills, Smith
- **Cited by:** 3 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/7494709

## Opinion text

MILLS, Judge,
concurs in part and dissents in part:
I agree with Judge Boyer that under the circumstances of this case the Board should have provided the Superintendent with an attorney at the Board’s expense.
I do not agree with the majority that the Board’s resolutions do not impose limitations on the statutory authority of the Superintendent and that the Superintendent is not entitled to an attorney’s fee for representation in the appeal she brought here.
The record before us clearly demonstrates that the Board’s resolutions directly or indirectly usurped the Superintendent’s statutory authority. In addition, without an adversary hearing, the Board accepted HEW’s demands, some of which violated Florida statutory law.
The administration of county school programs should be carried out by the Board and the Superintendent as directed by Florida law. A federal agency should not dictate the administrative procedures and a board should not permit a federal agency to accomplish this by threatening to cut off federal funds.
*1186 I would grant the Superintendent’s petition for review and would reverse or set aside the Board’s resolutions. I would grant an attorney’s fee to the Superintendent for representation here.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7494709. Public record. Not legal advice.