TOMERLIN v. DADE COUNTY SCHOOL BOARD

No. X-138.

318 So.2d 159 (1975)

James Edward TOMERLIN, Appellant, v. DADE COUNTY SCHOOL BOARD, Appellee.

District Court of Appeal of Florida, First District.

August 12, 1975.


Attorney(s) appearing for the Case

Elizabeth du Fresne and Tobias Simon, Miami, for petitioner.

Frank A. Howard, Jr., and Phyllis O. Douglas, Miami, for respondent.


MILLS, Judge.

The Dade County School Board dismissed Tomerlin, an elementary school teacher, for immoral conduct with his nine year old stepdaughter. He appealed to the State Board of Education who sustained his dismissal. He now seeks a review of this decision. The issue here is whether, under the facts of this case, Section 231.36(6), Florida Statutes, which permits dismissal of a teacher for immorality, is constitutional.

Tomerlin's prior record as a teacher...

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