FLORIDA CITIZENS ALLIANCE, INC., ET AL vs THE SCHOOL BOARD OF COLLIER COUNTY

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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. THE SCHOOL BOARD OF COLLIER COUNTY, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D17-2916 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. -2-

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