

Instead, the issue presented is a political question best left to the legislative and executive branch of government. Nor is the judiciary in a position to monitor the classroom count of each classroom in the nearly 4,200 public schools in this state.

Furthermore, such a challenge to the procedure implemented by the legislature, and enforced by the executive branch, is not appropriately addressed by the judiciary. 1 compelled appropriation to achieve a goal, and not a method of enforcement, it does not provide a private right of action to enforce any specific procedure. Therefore, we proceed to the merits without altering the semantics of Kunz’s action on behalf of his child. 4th DCA 2017) see also Watson By & Through Watson v. 4th DCA 1999), receded from on other grounds in Beckford v. is the real party in interest whether the suit is brought on behalf of W.K. Because the amendment We question whether Kunz, as the alleged guardian of W.K., was required to proceed as “next friend.” Fla. On multiple occasions our supreme court has held the constitutional amendment at issue (otherwise known as the Class-Size Amendment) compelled an appropriation of funds by the legislature, not the utilization of any specific procedure by that branch. declined to amend the complaint and appealed the court’s order.

After the circuit court dismissed the complaint without prejudice, W.K.

Paul Kunz, as next friend of W.K., 1 filed a complaint asserting the School Board of Palm Beach County (“School Board”) falsified its class-size counts to conceal violating article IX, section 1 of the Florida Constitution. 4D17-648 Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County Lisa S. SCHOOL BOARD OF PALM BEACH COUNTY, Appellee. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PAUL KUNZ, as next friend of W.K., a minor child, Appellant, v.
