GI SHAVINGS, LLC
v.
ARLINGTON RIDGE COMMUNITY ASSOCIATION, INC. AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
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This case involves an appeal of a minor source air construction permit. Because a subsequent final air operation permit supersedes the original permit, the appeal is now moot and has been dismissed.
Yes, the appeal is moot. The issuance of the superseding final air operation permit renders the appeal of the prior construction permit moot.
[1] An appeal becomes moot when an intervening event occurs during the pendency of the appeal that makes it impossible for the appellate court to grant effectual relief to th…
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Join FLexlaw to unlock all legal intelligence“While this appeal was pending, the Department of Environmental Protection issued to Appellant a final air operation permit ending in 011.”
Establishes the intervening event that led to the appeal becoming moot.
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Join FLexlaw to unlock all legal intelligenceThe appellant challenged a minor source air construction permit. While the appeal was pending, the Department of Environmental Protection issued a fin…
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PER CURIAM.
In this environmental permitting case, Appellant challenged a minor source air construction permit with an identifying number ending in 009. While this appeal was pending, the Department of Environmental Protection issued to Appellant a final air operation permit ending in 011. No interested party filed a petition for administrative hearing or a notice of appeal as to the 011 permit. In response to this Court’s order requesting a status update, the parties agree that the final air operation permit ending in 011 supersedes the 009 permit and that this appeal is now moot. See
Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (explaining a case is moot if “the issues have ceased to exist”); Montgomery v. Dep’t of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985) (explaining an appeal becomes moot if, “by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief”; and this Court can raise mootness on its own motion); see also Merkle v. Guardianship of Jacoby, 912 So. 2d 595, 600–02 (Fla. 2d DCA 2005) (“During the pendency of an appeal, the duty of candor imposes an obligation on counsel to notify the court of any development that may conceivably affect the outcome of the litigation, including facts that may raise a question of mootness”; and sanctioning counsel that did not advise the court of a settlement reached during the pendency of the appeal). Accordingly, this appeal is DISMISSED. ROBERTS, KELSEY, and JAY, JJ., concur. _____________________________
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Citator
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Montgomery v. Dep't of Health & Rehabilitative Servs., 468 So. 2d 1014 (Fla. 1st DCA 1985)
- Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)