# Jackson v. Leon County Elections Canvassing Board

> District Court of Appeal of Florida · November 23, 2016 · 214 So. 3d 705

URL: https://www.frixlaw.com/law-library/cases/4836720

## Case

- **Full name:** Dr. Erwin D. JACKSON, as an elector of the City of Tallahassee v. LEON COUNTY ELECTIONS CANVASSING BOARD Scott C. Maddox, as the successful candidate for Tallahassee City Commission, Seat 1 and City of Tallahassee, a Florida municipal corporation
- **Court:** District Court of Appeal of Florida
- **Decided:** November 23, 2016
- **Citations:** 214 So. 3d 705; 2016 Fla. App. LEXIS 17635
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Kelsey, Makar, Rowe
- **Cited by:** 1 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/4836720

## Opinion text

Opinion on Rehearing
BY ORDER OF THE COURT:
Petitioner, Erwin D. Jackson, filed a motion for rehearing on November 27, 2016. On February 9, 2017, we issued- an order directing Petitioner to address whether his motion for rehearing should be considered moot. Petitioner responded to the order on February 10, 2017, conceding that his motion is moot.
Based on Petitioner’s response, we deny the motion for rehearing as moot. See Montgomery v. Dep’t of Health & Rehab. Servs., 468 So.2d 1014, 1016-17 (Fla. 1st DCA 1985) (“It is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into effect, and not to give opinions on moot questions, or to declare principles or rules of law which cannot affect the matter in issue.”).
ROWE and KELSEY, JJ., concur. MAKAR, J., dissents with opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4836720. Public record. Not legal advice.
