DEPARTMENT OF EDUC. v. ROE

No. 86061.

679 So.2d 756 (1996)

DEPARTMENT OF EDUCATION, Petitioner, v. Sally ROE, etc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied September 10, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Laura Rush, Assistant Attorney General, Tallahassee, for Petitioner.

Thomas L. Powell of Douglass, Powell & Rudolph, Tallahassee, on behalf of Sally Roe, et al.; Gordon D. Cherr of McConnaughhay, Roland, Maida & Cherr, P.A., Tallahassee, and C. Graham Carothers of Macfarlane, Ausley, Ferguson and McMullen, Tallahassee, on behalf of Leon County School Board and Richard L. Merrick; John C. Cooper of Cooper, Coppins & Monroe, P.A., Tallahassee, on behalf of Samuel Alderman; and Jeannette M. Andrews of Fuller, Johnson & Farrell, P.A., Tallahassee, on behalf of Nancy E. Russell, Respondents.

Alan S. Zimmet and Mark A. Connolly of Tew, Zinober, Barnes, Zimmet & Unice, Clearwater, for Pinellas Suncoast Transit Authority, Amicus Curiae.


GRIMES, Justice.

We have for review Department of Education v. Roe, 656 So.2d 507 (Fla. 1st DCA 1995), which expressly and directly conflicts with the opinion in Department of Transportation v. Wallis, 659 So.2d 429 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In Tucker v. Resha, 648 So.2d 1187 ...

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