Opinion

FLORIDA CITIZENS ALLIANCE, INC. v. THE SCHOOL BOARD OF COLLIER COUNTY

Court
District Court of Appeal of Florida
Filed
Jul 6, 2018
Status
Published
Cited by
0 cases
Authority
More cited than 4.7%

"The general rule in Florida is that a case on appeal becomes moot when a change in circumstances occurs before an appellate court's decision, thereby making it impossible for the court to provide effectual relief."

How later courts described this case

  • "The general rule in Florida is that a case on appeal becomes moot when a change in circumstances occurs before an appellate court's decision, thereby making it impossible for the court to provide effectual relief."

Written by the judges who cited it.

The opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

FLORIDA CITIZENS ALLIANCE, INC., )

a Florida not for profit corporation, )

DOUGLAS LEWIS, BRANTLEY )

OAKEY, and ERIC KONUK, )

)

Appellants, )

)

v. ) Case No. 2D17-2916

)

THE SCHOOL BOARD OF COLLIER )

COUNTY, )

)

Appellee. )

)

Opinion filed July 6, 2018.

Appeal from the Circuit Court for Collier

County; James R. Shenko, Judge.

Brantley Oakey, Naples; and Steven J.

Bracci of Steven J. Bracci, P.A., Naples

for Appellants.

Christopher D. Donovan and James D.

Fox of Roetzel & Andress, LPA, Naples,

for Appellee.

PER CURIAM.

Dismissed as moot. See Lund v. Dep't of Health, 708 So. 2d 645, 646

(Fla. 1st DCA 1998) ("The general rule in Florida is that a case on appeal becomes

moot when a change in circumstances occurs before an appellate court's decision,

thereby making it impossible for the court to provide effectual relief."); see also Freni v.

Collier County, 573 So. 2d 1054, 1054 (Fla. 2d DCA 1991) ("The appellants sought to

enjoin a referendum scheduled to be held on the issue of whether the Board of County

Commissioners . . . should levy a tourist development tax . . . . [T]he trial court denied

the appellants' motion for a temporary injunction [and t]his appeal ensued . . . . The

referendum was held as scheduled . . . and resulted in a favorable vote. Therefore, the

issue of whether the court erred in denying the motion for temporary injunction is

moot.").

Dismissed.

SILBERMAN, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.

-2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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