Remington v. Education Foundation of Osceola

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 REMINGTON COMMUNITY DEVELOPMENT DISTRICT, Appellant, v. Case No. 5D05-2271 EDUCATION FOUNDATION OF OSCEOLA, etc., et al., Appellee. ________________________________/ Opinion filed November 3, 2006 Appeal from the Circuit Court for Osceola County, R. James Stroker, Judge. Scott D. Clark and Mitchell E. Albaugh of Scott D. Clark, P.A., Winter Park, for Appellant. Charles W. Sell of Shuffield, Lowman & Wilson, P.A., Orlando, for Appellee. ON MOTION FOR REHEARING PER CURIAM. The court denies Appellee's, Education Foundation of Osceola, Inc.'s, motion for rehearing. The court partially grants Appellee's motion to certify questions of great public importance and, as rephrased, certifies the following two questions: 1. ARE CHARTER SCHOOLS, WHICH ARE DEEMED BY STATUTE TO BE PUBLIC SCHOOLS, EXEMPT FROM SPECIAL ASSESSMENTS? 2. IF NOT, CAN MANDAMUS BE USED TO COMPEL A PRIVATE CORPORATION OPERATING A CHARTER SCHOOL TO USE PUBLIC SCHOOL BOARD FUNDS TO SATISFY SPECIAL ASSESSMENTS? QUESTIONS CERTIF IED. PLEUS, C.J., ORFINGER and TORPY, JJ., concur. 2

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