Jacksonville Property Rights Association, Inc. v. City of Jacksonville, Florida

Case: 12-11197 Date Filed: 11/13/2012 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-11197
Non-Argument Calendar
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D.C. Docket No. 3:05-cv-01267-MMH-JRK
JACKSONVILLE PROPERTY RIGHTS ASSOCIATION, INC.,
a Florida non-profit corporation,
HORTON ENTERPRISES, INC.,
a Florida corporation,
d.b.a. The New Solid Gold,
HARTSOCK ENTERPRISES, INC.,
a Florida corporation,
d.b.a. Doll House,
llllllllllllllllllllllllllllllllllllllll Plaintiffs - Appellants,
E.M.R.O. CORPORATION, INC., etc., et al.,
lllllllllllllllllllllllllllllllllllllllll Plaintiffs,
versus
CITY OF JACKSONVILLE, FLORIDA,
a Florida municipal corporation,
llllllllllllllllllllllllllllllllllllllll Defendant - Appellee.
Case: 12-11197 Date Filed: 11/13/2012 Page: 2 of 3
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Appeal from the United States District Court
for the Middle District of Florida
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(November 13, 2012)
Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.
PER CURIAM:
In Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d
1266, 1277 (11th Cir. 2011), we dismissed the parties' appeals, vacated the District
Court’s judgment, and remanded the case to the District Court “with instructions
to dismiss this action.” Following the issuance of our mandate, appellants moved
the District Court for leave to amend their complaint and for other relief. The
District Court, following the mandate rule, see Piambino v. Bailey, 757 F.2d 1112,
1120 (11th Cir. 1985), dismissed the case1, “reserv[ing] jurisdiction to consider any
timely filed motions for attorneys’ fees and costs.”
Appellants now appeal the District Court’s ruling. The District Court did
precisely what our mandate instructed it to do, i.e., dismiss the action. We
accordingly affirm.
1
We construe the dismissal to be without prejudice, since the basis for our disposition of
the parties’ appeals was that the case was moot.
2
Case: 12-11197 Date Filed: 11/13/2012 Page: 3 of 3
AFFIRMED.
3