PNTRX, LLC v. Pine Tree Development, LLC

• Court: District Court of Appeal of Florida
• Decided: February 12, 2025
• Docket: 3D2023-0506
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 12, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0506 Lower Tribunal No. 21-19263 ________________

PNTRX, LLC, Appellant,

vs.

Pine Tree Development, LLC, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.

Dorta Law, and Matias R. Dorta, for appellant.

White & Case, LLP, and Raoul G. Cantero and David W. Rifkin, for appellee Pine Tree Development, LLC; Ehrenstein | Sager, and Michael D. Ehrenstein, Latasha N. Johnson and Brett D. Sager, for appellee Maria Meruelo.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM. Upon consideration, we dismiss the appeal as moot. See Meruelo v.

Meruelo, Nos. 3D23-0617 and 3D23-0676 (consolidated), ___ So. 3d ___,

2024 WL 5150549 (Fla. 3d DCA December 18, 2024); Meruelo v. Pine Tree

Dev., LLC, No. 3D22-1928, ___ So. 3d ___, 2024 WL 5149746 (Fla. 3d DCA

December 18, 2024); Meruelo v. Pine Tree Dev., LLC, No. 3D23-0457, ___

So.3d ___, 2024 WL 4280619 (Fla. 3d DCA Sep. 25, 2024). See also

Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (“An issue is moot when

the controversy has been so fully resolved that a judicial determination can

have no actual effect,” and “[a] case is ‘moot’ when it presents no actual

controversy or when the issues have ceased to exist.”) (citations omitted);

Montgomery v. Dep't of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla.

1st DCA 1985) (“A case becomes moot, for purposes of appeal, where, by a

change of circumstances prior to the appellate decision, an intervening event

makes it impossible for the court to grant a party any effectual relief.

Mootness can be raised by the appellate court on its own motion.”) (citations

omitted).

Dismissed.