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

• Court: District Court of Appeal of Florida
• Decided: July 6, 2018
• Docket: 17-2916
• Status: Published

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-