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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