West Alabama Women's Center v. Thomas M. Miller

Eleventh Circuit

West Alabama Women's Center v. Thomas M. Miller

874 F.3d 1306

Court of Appeals for the Eleventh Circuit·Decided October 30, 2017·No. 16-17296·Published

Opinion

PER CURIAM:

This is an appeal from the grant of a preliminary injunction that was issued on October 27-, 2016 arid was last amended on November 22, 2016. W. Ala. Women’s Ctr. v. Miller, 217 F.Supp.3d 1313 (M.D. Ala. 2016), The appeal was scheduled to be orally argued before this Court at 9:00 a.m. on Friday morning, October 27, 2017. At approximately 12:30 p.m. on Thursday afternoon, October 26, 2017, the district court issued a permanent injunction, accompanied by a 148-page' opinion, and it entered final judgment in the case. As a result, this appeal is moot. See Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 315, 119 S.Ct. 1961, 1966, 144 L.Ed.2d 319 (1999) (“Generally, an appeal from the grant of a preliminary injunction becomes moot when the trial court enters a permanent injunction, because the former merges into the latter.”); Cone Corp. v. Hillsborough Cty., 908 F.2d 908, 912 n.5 (11th Cir. 1990) (collecting cases) (“The County’s challenge to the issuance of the preliminary injunction is moot regardless of our disposition of this case on its merits because a permá-nent injunction has issued.”).

APPEAL DISMISSED AS MOOT.

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PER CURIAM:

This is an appeal from the grant of a preliminary injunction that was issued on October 27-, 2016 arid was last amended on November 22, 2016. W. Ala. Women’s Ctr. v. Miller, 217 F.Supp.3d 1313 (M.D. Ala. 2016), The appeal was scheduled to be orally argued before this Court at 9:00 a.m. on Friday morning, October 27, 2017. At approximately 12:30 p.m. on Thursday afternoon, October 26, 2017, the district court issued a permanent injunction, accompanied by a 148-page' opinion, and it entered final judgment in the case. As a result, this appeal is moot. See Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 315, 119 S.Ct. 1961, 1966, 144 L.Ed.2d 319 (1999) (“Generally, an appeal from the grant of a preliminary injunction becomes moot when the trial court enters a permanent injunction, because the former merges into the latter.”); Cone Corp. v. Hillsborough Cty., 908 F.2d 908, 912 n.5 (11th Cir. 1990) (collecting cases) (“The County’s challenge to the issuance of the preliminary injunction is moot regardless of our disposition of this case on its merits because a permá-nent injunction has issued.”).

APPEAL DISMISSED AS MOOT.

West Alabama Women's Center v. Thomas M. Miller, 874 F.3d 1306 (11th Cir. 2017).

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Opinion

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