Mitchell v. Leon County School Bd., 91-4047
| Decision Date | 26 December 1991 |
| Docket Number | No. 91-4047,91-4047 |
| Parties | 72 Ed. Law Rep. 469, 17 Fla. L. Weekly D82 Quentin MITCHELL, Petitioner, v. LEON COUNTY SCHOOL BOARD, Respondent. |
| Court | Florida District Court of Appeals |
Gerard F. Glynn, Tallahassee, and Joyce S. Dove, Enrique G. Estevez, and Miriam S. Wilkinson, Certified Legal Interns, for petitioner.
C. Graham Carothers, Tallahassee, for respondent.
Quentin Mitchell 1 petitions this court for review of non-final agency action. For the reasons that follow, we deny relief without prejudice to his right to seek more appropriate remedies.
On October 16, 1991, Mitchell was involved in a fight with another student on the grounds of Leon High School and he allegedly pushed and threatened a staff member who attempted to break up the fracas. He was suspended from school for ten days and the suspension was extended by the Superintendent of the school system, who also recommended to the District School Board that Mitchell be expelled for the remainder of the school year. At its meeting of November 19, 1991, the Board heard evidence on the matter and voted 4 to 1 to expel Mitchell. This timely petition for review followed.
Petitioner argues that the actions of the Superintendent and the Board violated his constitutional rights in several respects and that applicable statutory provisions were not followed during the course of the proceedings. He asks for review of case on a non-final basis, pointing out that section 120.59(1), Florida Statutes, permits the agency 90 days to enter an order and arguing that he will be irreparably harmed by the delay, during which time he will be unable to attend classes and continue his education.
We find that there is nothing for this court to review at this time. Petitioner is correct that the Board is an agency for purposes of Florida's Administrative Procedure Act, chapter 120, Florida Statutes. Witgenstein v. School Board of Leon County, 347 So.2d 1069 (Fla. 1st DCA 1977). An order expelling a student may be appealed to the appropriate district court of appeal. Walter v. School Board of Indian River County, 518 So.2d 1331 (Fla. 4th DCA 1987). Petitioner represents to the court (which representation we take as true for purposes of this discussion), however, that the Board has not yet rendered an order by reducing Mitchell's expulsion to writing and filing it with the agency clerk. See Fla.Stat. Sec. 120.52(11) (1989). If so, what petitioner (and possibly also the respondent) overlooks is that Mitchell has not been expelled until such time as a written order is properly rendered. Except in formal rulemaking or declaratory statement proceedings, an agency decision which determines the substantial interests of a party must be made through the provisions of section 120.57, Florida Statutes, and culminate in a final order. McDonald v. Department of Banking and Finance, 346 So.2d 569, 577 (Fla. 1st DCA 1977); see ch. 91-30 Sec. 4, Laws of Fla.; Fla.Stat. Sec. 230.23(6)(c) (Supp.1990). In the absence of rendition of a proper order there is nothing for this court to review nor, for that matter, any true legal obstacle to Mitchell's return to classes.
We recognize, of course, that the Board intended to expel Mitchell immediately upon the recording of its vote, but we are not at liberty to disregard the procedural and jurisdictional requirements involved in the administrative process. Section 120.59(1) does permit the agency 90 days...
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Davis v. School Bd. of Gadsden County, 93-107
...120.50 et seq., Florida Statutes (1993) [APA], which governs school boards and other state agencies alike. Mitchell v. Leon County School Bd., 591 So.2d 1032 (Fla. 1st DCA 1991); Witgenstein v. School Bd. of Leon County, 347 So.2d 1069 (Fla. 1st DCA 1977). While preserving the school board'......
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S.J. v. Thomas, CASE NO. 1D16–3635
...under the APA and that such a final order is necessary for this court to review this case on the merits. Mitchell v. Leon County Sch. Bd., 591 So.2d 1032, 1033 (Fla. 1st DCA 1991) ("In the absence of rendition of a proper order there is nothing for this court to review nor, for that matter,......
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D.K. v. Dist. Sch. Bd. Indian River County, 4D08-105.
...in expulsion fall within the APA and are entitled to judicial review in the appropriate district court. See Mitchell v. Leon County Sch. Bd., 591 So.2d 1032 (Fla. 1st DCA 1991); Walter v. Sch. Bd. of Indian River County, 518 So.2d 1331 (Fla. 4th DCA 1987). However, suspension hearings are s......
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Wibbens v. State, Dept. of Highway Safety
...for review of that order has not yet begun and there is no rendered order for the circuit court to review. Mitchell v. Leon County Sch. Bd., 591 So.2d 1032 (Fla. 1st DCA 1991); see also Sibley v. State, 876 So.2d 1278 (Fla. 5th DCA 2004); Burkette v. Sharp, 752 So.2d 77 (Fla. 2d DCA 2000). ......
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Putting the brakes on litigation: stays pending review.
...certiorari review, but that agency may apply to lower tribunal under FLA. R. APP. P. 9.310(a)). (22) Mitchell v. Leon County Sch. Bd., 591 So. 2d 1032 (Fla. 1st D.C.A. 1991) (noting that student appealing a school board expulsion order reviewable by the district court under Ch. 120 should f......