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

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.
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