Legal Opinion · Dissent

Wright v. State, Commission on Ethics

District Court of Appeal of Florida

Decided October 10, 1980No. PP-279Published

1DissentLarry G. Smith, Judge

I cannot agree that an employee “on leave” is any less an employee. By definition, one on leave is only temporarily absent. A teacher on continuing contract has acquired a valuable property right, more than a mere “expectancy” of employment. Texton v. Hancock, 359 So.2d 895 (Fla. 1st DCA 1978). There is a statutorily protected right to employment which cannot be divested by means other than those specified in the statute, Chapter 231, Florida Statutes, particularly Section 231.36(3)(e), (4), (6), and Section 231.44. See McDowell v. School Board of Suwannee County, 365 So.2d 454 (Fla. 1st DCA…

2Cases cited3 opinions

  1. Texton v. HancockDistrict Court of Appeal of Florida · 1978
  2. McDowell v. School Board of Suwannee CountyDistrict Court of Appeal of Florida · 1978
  3. Board of Public Instruction v. LockeDistrict Court of Appeal of Florida · 1970

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