Waters v. School Bd. of Broward County, Florida., 79-1744
| Decision Date | 24 June 1981 |
| Docket Number | No. 79-1744,79-1744 |
| Citation | 401 So.2d 837 |
| Parties | Darwin WATERS, Appellant, v. The SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and James E. Maurer,Superintendent, Appellees. |
| Court | Florida District Court of Appeals |
Richard H. Frank and Mark F. Kelly of Law Offices of Frank, Chamblee & Kelly, P. A., Tampa, for appellant.
Edward J. Marko of Marko, Stephany, Lyons & Dow, Fort Lauderdale, for appellees.
This is an appeal from a final order dismissing appellant's complaint with prejudice. We hold that the complaint failed to state a cause of action and the trial court correctly dismissed it.
The appellant, Darwin Waters, was a school teacher employed by the Broward County Board of Public Instruction. Although the record is not clear, apparently there were some charges lodged by the Board against Waters which, if proved, could have resulted in his dismissal. The Board withdrew the charges pursuant to a settlement in which Waters agreed to continued employment on an annual contract basis in accordance with Section 231.351, Florida Statutes (1975). As part of the settlement, Waters agreed to "cooperate with and assist a committee to be appointed by the Broward Classroom Teachers Association and the Superintendent ... to assist Darwin Waters to improve in any areas in which such committee determines a deficiency exists." Upon recommendation of the Superintendent, the Board refused to renew Waters' annual contract after the first year.
Waters commenced this action against the Board seeking reinstatement to his former position as a school teacher or to a comparable position. His sole ground for this relief was his allegation that the Board and the Superintendent breached the settlement agreement by not forming the committee which was to assist him in correcting any deficiencies which the committee found to exist. There was no allegation that the Board failed to provide Waters with procedural due process, nor was there an allegation that the Board did not have valid reasons for refusing to renew Waters' contract.
The trial court dismissed the complaint with leave to amend. Waters chose not to amend. The trial court then dismissed the complaint with prejudice and this appeal followed.
Waters, in effect, sought a mandatory injunction requiring reinstatement. His complaint, however, failed to allege facts entitling him to such relief. Assuming the Board and the Superintendent were obligated to form a...
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