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

Fla. 2d DCA | 2018-07-06
No. 17-2916
247 So. 3d 720 Florida District Court of Appeal, Second District (2018)

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Holding

An appeal becomes moot when a change in circumstances occurs making it impossible for the court to provide effectual relief.


Headnotes

[1] A case on appeal becomes moot when a change in circumstances occurs before appellate decision, making it impossible for the court to provide effectual relief.

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Key Quotes

“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.”

Court citing Lund v. Dep't of Health regarding the mootness doctrine

Facts & Procedural History

Florida Citizens Alliance, Inc. and individual appellants appealed a circuit court decision regarding the School Board of Collier County.…

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Opinion of the Court

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.


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