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STATE EX REL. REYNOLDS v. ROAN

No. 36944.

213 So.2d 425 (1968)

STATE of Florida ex rel. W.D. REYNOLDS, Appellant, v. John D. ROAN, Appellee.

Supreme Court of Florida.

Rehearing Denied September 13, 1968.

Attorney(s) appearing for the Case

Wm. Terrell Hodges of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Thomas C. MacDonald, Jr., of Shackleford, Farrior, Stallings & Evans, Tampa, and Robert B. McDaniel, of Condon & McDaniel, Naples, for appellee.

ROBERTS, Justice.

This is an appeal from a judgment of the Circuit Court for Collier County entered in a proceeding in Quo Warranto filed October 24, 1967, by relator-appellant W.D. Reynolds to determine the effect of Section 6A of Article VIII of the Constitution of Florida, F.S.A. This constitutional provision was adopted in 1966 and provides as follows:

"In those counties authorized to appoint a superintendent of public instruction under Article XII of...

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