FLORIDA CITIZENS ALLIANCE INC v. SCHOOL BOARD OF COLLIER COUNTY (2018)

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. The SCHOOL BOARD OF COLLIER COUNTY, Appellee.

Case No. 2D17–2916

Decided: July 06, 2018

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.

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.

PER CURIAM.

SILBERMAN, SLEET, and ROTHSTEIN–YOUAKIM, JJ., Concur.

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