Hancock v. Board of Public Instruction of Charlotte County, No. 32702

CourtUnited States State Supreme Court of Florida
Writing for the CourtHOBSON; TERRELL
Citation158 So.2d 519
PartiesW. S. HANCOCK, Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF CHARLOTTE COUNTY, Florida, and J. T. Manning, Chairman, L. A. Ainger, Richard D. Townsend, James A. McCullough and Harry, B. Curran, Jr., as members of the Board of Public Instruction, Charlotte County, Florida, Appellees.
Docket NumberNo. 32702
Decision Date11 December 1963

Page 519

158 So.2d 519
W. S. HANCOCK, Appellant,
v.
The BOARD OF PUBLIC INSTRUCTION OF CHARLOTTE COUNTY, Florida, and J. T. Manning, Chairman, L. A. Ainger, Richard D. Townsend, James A. McCullough and Harry, B. Curran, Jr., as members of the Board of Public Instruction, Charlotte County, Florida, Appellees.
No. 32702.
Supreme Court of Florida.
Dec. 11, 1963.

Page 520

William Lamar Rose, Fort Myers, and J. Lewis Hall, of Hall, Hartwell & Hall, Tallahassee, for appellant.

LrRoy Hill, Punta Gorda, for appellees.

HOBSON, Justice (Ret.).

This is an appeal from a decree of the Circuit Court for Charlotte County entered in a proceeding for declaratory relief filed on January 7, 1963, by the Board of Public Instruction of Charlotte County to determine the effect of a referendum held pursuant to amended Article XII of the Florida

Page 521

Constitution as adopted in 1962, F.S.A. providing:

'(1) The county superintendent of public instruction shall be appointed by the county board of public instruction in the counties of Alachua, Charlotte * * * wherein the proposition is affirmed by a majority vote of the qualified electors of any such county making the office of county superintendent of public instruction appointive.' (Italics supplied.)

Appellant, prior to this amendment, was elected to a term as superintendent running through January, 1965. Results of the election adopting the above amendment were certified on December 29th, 1962, following affirmative vote of 1917 out of the 3225 qualified electors casting ballots (1308 against), said 3225 electors constituting less than 50% of the registered voters qualified. After reciting abandonment of issue (1) below by respondent in his brief in the nisi prius court, that court construed the amendment above as terminating the appellant's incumbency and held:

'1. A sufficient number of qualified electors voted in the Special Election held in Charlotte County, Florida on December 28, 1962, making the office of Superintendent of Public Instruction appointive.

'2. The term of the Incumbent Superintendent of Public Instruction, W. S. HANCOCK, expired upon the effective date of the referendum, and the elective office of Superintendent of Public Instruction in Charlotte County, Florida has been abolished by Constitutional Amendment.

'3. The respondent, W. S. HANCOCK, is not entitled to any of the emoluments of his office for his elected term, and is not entitled to any salary or compensation as an incident to his elected term.

'4. The said respondent is hereby ordered and required to immediately vacate his office and turn over to his successor in office all matters and things responsibility for which he is chargeable for by law.'

We are of the opinion that the question raised in this case...

To continue reading

Request your trial
5 practice notes
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • 15 Febrero 2000
    ...but that power cannot be used as a license to assume the prerogative of the legislature. See Hancock v. Board of Public Instruction, 158 So.2d 519 (Fla.1963). Hence, we do not read into section 440.09(1)(b) a requirement that the industrial accident must account for more than fifty percent ......
  • Hoffman v. Jones, A-W
    • United States
    • United States State Supreme Court of Florida
    • 10 Julio 1973
    ...301, 137 So. 815 (1931), State v. Herndon, 158 Fla. 115, 27 So.2d 833 (1946), Hancock v. Board of Public Instruction of Charlotte County, 158 So.2d 519 (Fla.1963), Holley v. Adams, 238 So.2d 401 (Fla.1970), State v. Barquet, 262 So.2d 431 In the case of Ponder v. Graham, 4 Fla. 23, 25 (1851......
  • Dickinson v. Stone, No. 41377
    • United States
    • United States State Supreme Court of Florida
    • 3 Agosto 1971
    ...Tel. Co., Fla., 170 So.2d 577; Aldrich v. Aldrich, Fla., 163 So.2d 276; Hancock v. Board of Public Instruction of Charlotte County, Fla., 158 So.2d 519; In re Investigation of Circuit Judge of Eleventh Judicial Circuit, Fla., 93 So.2d 601; State v. City of Fort Pierce, Fla., 88 So.2d 135; C......
  • State ex rel. Reynolds v. Roan, 36944
    • United States
    • United States State Supreme Court of Florida
    • 26 Junio 1968
    ...brought to this court soon after the adoption of the amendment in Charlotte County, Hancock v. Board of Public Instruction, Fla.1963, 158 So.2d 519, it was held that the incumbent was entitled to serve out the four-year term of office as Superintendent of Public Instruction of Charlotte Cou......
  • Request a trial to view additional results
5 cases
  • Closet Maid v. Sykes, No. 1D98-660.
    • United States
    • Court of Appeal of Florida (US)
    • 15 Febrero 2000
    ...but that power cannot be used as a license to assume the prerogative of the legislature. See Hancock v. Board of Public Instruction, 158 So.2d 519 (Fla.1963). Hence, we do not read into section 440.09(1)(b) a requirement that the industrial accident must account for more than fifty percent ......
  • Hoffman v. Jones, A-W
    • United States
    • United States State Supreme Court of Florida
    • 10 Julio 1973
    ...301, 137 So. 815 (1931), State v. Herndon, 158 Fla. 115, 27 So.2d 833 (1946), Hancock v. Board of Public Instruction of Charlotte County, 158 So.2d 519 (Fla.1963), Holley v. Adams, 238 So.2d 401 (Fla.1970), State v. Barquet, 262 So.2d 431 In the case of Ponder v. Graham, 4 Fla. 23, 25 (1851......
  • Dickinson v. Stone, No. 41377
    • United States
    • United States State Supreme Court of Florida
    • 3 Agosto 1971
    ...Tel. Co., Fla., 170 So.2d 577; Aldrich v. Aldrich, Fla., 163 So.2d 276; Hancock v. Board of Public Instruction of Charlotte County, Fla., 158 So.2d 519; In re Investigation of Circuit Judge of Eleventh Judicial Circuit, Fla., 93 So.2d 601; State v. City of Fort Pierce, Fla., 88 So.2d 135; C......
  • State ex rel. Reynolds v. Roan, 36944
    • United States
    • United States State Supreme Court of Florida
    • 26 Junio 1968
    ...brought to this court soon after the adoption of the amendment in Charlotte County, Hancock v. Board of Public Instruction, Fla.1963, 158 So.2d 519, it was held that the incumbent was entitled to serve out the four-year term of office as Superintendent of Public Instruction of Charlotte Cou......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT