W.R. EX REL. DOE v. SCHOOL BD. OF OSCEOLA COUNTY

No. 98-946

726 So.2d 801 (1999)

W.R., a minor, By and Through John DOE, et al., Appellants, v. SCHOOL BOARD OF OSCEOLA COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 10, 1999.


Attorney(s) appearing for the Case

Robert Hornstein and Peter D. Sleasman, Gainesville, for Appellants.

Usher L. Brown and Mary Van Leuven of Brown, Ward & Van Leuven, P.A., Orlando, for Appellee.


DAUKSCH, J.

The question on appeal is whether state courts have concurrent jurisdiction with federal courts to award an attorneys' fee under 20 USC §§ 1400 et seq. (1997), the Individuals with Disabilities in Education Act (IDEA). Because appellee filed its action for injunction under the IDEA in state court, appellants assert it is the state court which should consider the award of attorney's fees. Appellee, though, successfully argued below that only federal...

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