Supreme Court of Florida, 1966

Smith v. Board of Public Instruction of Duval County

Supreme Court of Florida · Decided July 27, 1966 · Caldwell, Con, Drew, Ervin, Nell, Thornal

189 So. 2d 162; 1966 Fla. LEXIS 3616 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The Alternative Writ of Mandamus heretofore issued is discharged and the petition is dismissed but without prejudice to any rights of the relator to proceed as he may be advised in a proper forum. See Rule 4.5 (a) (2), Florida Appellate Rules 31 F.S.A.

It is so ordered.

THORNAL, C. J., and DREW, O’CON-NELL and CALDWELL, JJ., concur.

Concurring Opinion

ERVIN, J.,

concurs, but see concurring opinion in State ex rel. Foster v. Board of Public Instruction, et al., 189 So.2d 161.

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