MICHAEL W. HALLORAN, CLU, APPELLANT,
v.
PENSACOLA ASSOCIATION OF LIFE UNDERWRITERS, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appeal is moot because the temporary suspension of membership has expired.
Appellant was suspended from membership in an association after a disciplinary hearing. He filed a complaint for a temporary injunction to stop the su…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Inadequate Remedy At Law cases and more on FLexlaw
PER CURIAM.
Appellant Michael W. Halloran appeals a final order dismissing with prejudice his amended complaint for a temporary injunction against Appellee Pensacola Association of Life Underwriters, Inc. (Association).
On July 31, 1979, the Association, a voluntary non-profit association, notified appellant that a disciplinary hearing was scheduled for August 15,1979, to determine whether appellant had made certain derogatory and defamatory statements about another member of the Association. As a result of the disciplinary hearing, appellant was suspended from membership in the Association from August 15, 1979, to December 31, 1979.
On October 19, 1979, appellant filed an amended complaint for a temporary injunction against the Association, seeking to enjoin the enforcement of his membership suspension. On October 26,1979, the lower court dismissed the complaint with prejudice because appellant failed to allege matters which would constitute irreparable harm, failed to demonstrate an inadequate remedy at law, and failed to allege the existence of a clear legal right enforceable by the court.
Since the temporary suspension from membership sought to be enjoined has already expired, the issues presented by this appeal have become moot. Coursen v. City of South Daytona, 127 So. 2d 905 (Fla. 1st DCA 1961); Gill v. City of North Miami Beach, 156 So. 2d 182 (Fla. 3d DCA 1963); Chafetz v. Greene, 203 So. 2d 18 (Fla. 3d DCA 1967). Accordingly, this appeal is dismissed on our own motion without prejudice to the right of appellant to pursue such other action for relief as he may be advised.
Appeal dismissed.
ERVIN, LARRY G. SMITH, and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Friends OF THE Everglades, Inc. v. S. Fla. Reg'l Planning Council & City Nat'l Bank of Miami, 447 So. 2d 902 (Fla. 3d DCA 1984)…ll be served by a decision, the appeal must be dismissed as moot. See DeHoff v. Imeson, 153 Fla. 553, 15 So. 2d 258 (1953); Alabama Coal Company v. Bowden, 44 Fla. 163, 31 So. 820 (1902); Halloran v. Pensacola Association of Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981); Gulf Life Insurance Company v. Newell’s Incorporated, 226 So. 2d 858 (Fla. 4th DCA 1969); In re Estate of Lindsay, 207 So. 2d 736 (Fla. 4th DCA 1968); Gill v. City of North Miami Beach, 156 So. 2d 182 (Fla. 3d DCA 1963); Coursen…
-
Martin v. Martin, 554 So. 2d 12 (Fla. 3d DCA 1989)…PER CURIAM. Appeal dismissed. Friends of the Everglades, Inc. v. South Florida Regional Planning Council, 447 So. 2d 902 (Fla. 3d DCA 1984); Halloran v. Pensacola Association of Life Underwriters, Inc., 395 So. 2d 554 (Fla. 1st DCA 1981).…
Authorities Cited
- Gill v. City OF N. Miami Beach, 156 So. 2d 182 (Fla. 3d DCA 1963)
- Mazel v. Am. Title & Ins. Co., 127 So. 2d 905 (Fla. 3d DCA 1961)
- Coursen v. City OF S. Daytona, 127 So. 2d 905 (Fla. 1st DCA 1961)
- Chafetz v. Greene, 203 So. 2d 18 (Fla. 3d DCA 1967)