LAUREN LINARES
v.
SCHOOL BOARD OF PASCO COUNTY
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An appeal challenging an administrative law judge's approval of a school attendance boundary rule is dismissed as moot when a trial court subsequently quashes the rule on independent grounds.
[1] An appeal is dismissed as moot when a change in circumstances occurring before an appellate court's decision makes it impossible for the court to provide effectual relief…
[2] A rule is rendered moot and an appeal challenging its validity is dismissed when the rule is subsequently quashed by a trial court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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, 708 So. 2d 645, 646 (Fla. 1st DCA 1998)
Parents challenged an Administrative Law Judge's determination that the Pasco County School Board validly approved an attendance boundary rule change.…
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PER CURIAM.
In this appeal, several Pasco County parents and students (Parents) challenged an Administrative Law Judge's determination that the Pasco County School
Board validly exercised its delegated legislative authority in approving a change of school attendance boundaries for the 2017-2018 school year (the Attendance Boundary
Rule). While this appeal was pending, the Parents also had pending in the trial court a related but separate lawsuit alleging that the School Board had violated Florida's
Sunshine Laws during its deliberations on the Attendance Boundary Rule. The Parents prevailed in that lawsuit, and the trial court quashed the Attendance Boundary Rule.
The trial court denied the School Board's subsequent motion for rehearing, and the
School Board has not appealed.
The challenged rule having been quashed, this appeal is dismissed as moot.1 See Fla. Citizens All., Inc. v. Sch. Bd. of Collier Cty., 247 So. 3d 720 (Fla. 2d
DCA 2018); 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."); cf. Freni v. Collier County, 573 So. 2d 1054,
1054 (Fla. 2d DCA 1991) (affirming an order denying as moot a temporary injunction to enjoin a referendum regarding a proposed tax where, after denial of the motion, the referendum was held and the appellants' position prevailed).
Dismissed.
VILLANTI, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
1It appears that the School Board has since conducted additional proceedings and, based on those, has approved a new change of school attendance boundaries.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lund v. Dep't OF Health, 708 So. 2d 645 (Fla. 1st DCA 1998)
- Freni v. Collier Cnty., 573 So. 2d 1054 (Fla. 2d DCA 1991)
- Maxwell v. State, 247 So. 3d 720 (Fla. 1st DCA 2018)