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

> District Court of Appeal of Florida · July 6, 2018

URL: https://www.frixlaw.com/law-library/cases/4292098

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** July 6, 2018
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4292098

## Opinion text

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-

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4292098. Public record. Not legal advice.