Juan Carlos Gil v. Winn-Dixie Stores, Inc., No. 17-13467 (11th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on April 7, 2021.

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USCA11 Case: 17-13467 Date Filed: 12/28/2021 Page: 1 of 2 [PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 17-13467-CC ____________________ JUAN CARLOS GIL, Plaintiff-Appellee, versus WINN-DIXIE STORES, INC., Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Florida ____________________ USCA11 Case: 17-13467 2 Date Filed: 12/28/2021 Page: 2 of 2 17-13467 BEFORE: JILL PRYOR, BRANCH, Circuit Judges, and REEVES,∗ District Judge. PER CURIAM: The Petition for Panel Rehearing filed by Appellee Juan Carlos Gil is GRANTED. Due to the expiration of the injunction while the appeal was pending and the absence of any formal award of declaratory relief, the appeal was rendered moot. “A moot case is nonjusticiable and Article III courts lack jurisdiction to entertain it.” Troiano v. Supervisor of Elections in Palm Beach Cnty., Fla., 382 F.3d 1276, 1281 (11th Cir. 2004). Accordingly, we vacate our opinion and the underlying judgment, dismiss the appeal, and remand for the district court to dismiss the case as moot. ∗ Honorable Danny C. Reeves, United States District Chief Judge for the Eastern District of Kentucky, sitting by designation.