STATE LLC DRA CRT LLC v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES LLC LLC DRA CRT LLC (2020)

District Court of Appeal of Florida, First District.

STATE of Florida on relation of Tallahassee Corporate Center, LLC, and DRA CRT Tallahassee Center, LLC, Appellants, v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, Tallahassee Retail Venture, LLC, Tallahassee Corporate Center, LLC, DRA CRT Tallahassee Center, LLC, and Derrick Williams, Appellees.

No. 1D19-598

Decided: March 03, 2020

M. Stephen Turner of Nelson Mullins Broad and Cassel, Tallahassee, for Appellants. Erik M. Figlio and Alexandra Akre of Ausley & McMullen, P.A., Tallahassee, for Appellee Florida Department of Management Services. Brian A. Newman, J. Breck Brannen, and Brandice D. Dickson of Pennington, P.A., Tallahassee, for Appellee Tallahassee Retail Ventures, LLC.

Appellants challenge the trial court's final summary judgment in favor of Appellees and dismissal with prejudice of the counts in the amended complaint seeking declaratory and injunctive relief. Because the Department of Management Services lease procurement process has been completed and the subject leases have been entered into and commenced, there is no longer a present, justiciable controversy or practical need for a declaration. See Rhea v. Dist. Bd. of Trs. of Santa Fe College, 109 So. 3d 851, 859 (Fla. 1st DCA 2013) (affirming dismissal of declaratory action with prejudice; alleged controversy was moot); see also City of Apalachicola v. Bd. of Cty. Comm'rs of Franklin Cty., 567 So. 2d 22, 23 (Fla. 1st DCA 1990) (affirming dismissal of claim for injunctive relief to prevent relocation and construction of county jail; relocation and construction already completed, rendering any declaration and injunction moot).

Because this appeal is moot, it is hereby DISMISSED.

Per Curiam.

Roberts, Rowe, and Bilbrey, JJ., concur.

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