CHILES v. CHILDREN A, B, C, D, E, AND F

No. 78792.

589 So.2d 260 (1991)

Lawton CHILES, etc., et al., Appellants, v. CHILDREN A, B, C, D, E, AND F, etc., Appellees.

Supreme Court of Florida.

October 29, 1991.


Attorney(s) appearing for the Case

J. Hardin Peterson, Gen. Counsel, and Deborah K. Kearney, Deputy Gen. Counsel, Office of the Governor, Robert A. Butterworth, Atty. Gen., Richard E. Doran, Louis R. Hubener and Charles A. Finkel, Asst. Attys. Gen., and Robert P. Smith, Jr., Sp. Asst. Atty. Gen. of Hopping, Boyd, Green & Sams, Tallahassee, and Michael J. Neimand, Asst. Atty. Gen., Miami, Dept. of Legal Affairs, and Sydney H. McKenzie III, Gen. Counsel, Dept. of Educ., Tallahassee, for appellants.

Karen A. Gievers and Nancy La Vista of Karen A. Gievers, P.A., Miami, for appellee.

Nancy S. Palmer of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Orlando, amicus curiae for State of Fla. guardian ad litem program.

Christina A. Zawisza, Children First Project Director, Legal Services of Greater Miami, Inc., Miami, and Cindy Huddleston, Anne Swerlick and Kathy Grunewald, Florida Legal Services, Inc., Tallahassee, amicus curiae for Children First: A Joint Project in Law, Medicine, and Educ. and Florida Legal Services, Inc.

Jack L. McLean, Jr., Kristine E. Knab and Edward J. Grunewald, Legal Services of North Florida, Inc., Tallahassee, amicus curiae for Orange Avenue United Tenants Ass'n, Inc. and Oliver Hill, Sr.

Pamela L. Cooper of Florida Teaching Profession-National Educ. Ass'n and Thomas W. Young, III and Sally Gertz of Florida Educ. Ass'n United, Office of Gen. Counsel, and Ronald G. Meyer of Meyer and Brooks, P.A., Tallahassee, amici curiae for Florida Teaching Profession-National Educ. Ass'n (FTP-NEA) and Florida Educ. Association/United (FEA/U).

John D. Carlson of Gatlin, Woods, Carlson & Cowdery, Tallahassee, amici curiae for Florida School Boards Ass'n, Inc. and The Florida Ass'n of Dist. School Superintendents, Inc.

Thomas R. Tedcastle, Jose Diez-Arguelles, Richard Herring, Thomas R. McSwain and Mitchell J. Rubin, Florida House of Representatives, Tallahassee, amici curiae for T.K. Wetherell, Speaker of the Florida House of Representatives and Ron Saunders, Chairman of the Committee on Appropriations of The Florida House of Representatives.

Jon L. Mills, Gainesville, amicus curiae.

Joseph W. Little, Gainesville, interested party.


BARKETT, Justice.

We have for review the order of the Eleventh Judicial Circuit, in and for Dade County, Florida, in which the court declared unconstitutional sections 216.011(1)(ll) and 216.221, Florida Statutes (1989). The order was appealed to the Third District Court of Appeal which, without deciding the merits, certified the issue to this Court as a matter of great public importance requiring immediate resolution.1 Chiles...

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