JOSEPH FRENI, JR., THE RITZ-CARLTON HOTEL, THE NAPLES GOLF AND BEACH CLUB, INC., VAN-DEV, INC., D/B/A VANDERBILT INN ON THE GULF, MARRIOTT'S MARCO ISLAND RESORT, INC., LA PLAYA ASSOCIATES, INC., MARCO BAY RESORT INC., DT HOTEL DEVELOPMENT CORPORATION, D/B/A EDGEWATER BEACH HOTEL, OLDE NAPLES LAND PARTNERS, LTD., D/B/A HOWARD JOHNSON'S LODGE, AND BOMARK, INC., D/B/A TRAILS END MOTEL, APPELLANTS,
v.
COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND MARY MORGAN, AS SUPERVISOR OF ELECTIONS OF COLLIER COUNTY, FLORIDA, APPELLEES
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The appellate court affirmed the trial court's order denying a temporary injunction because the issue became moot after the referendum passed.
Appellants sought to enjoin a referendum on a tourist development tax and a declaratory judgment on the ordinance's validity. The trial court denied t…
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SCHEB, Judge.
The appellants sought to enjoin a referendum scheduled to be held on the issue of whether the Board of County Commissioners of Collier County should levy a tourist development tax pursuant to county ordi nance no. 90-43. They also sought a declaratory judgment regarding the validity of the ordinance. On July 30, 1990, the trial court denied the appellants’ motion for a temporary injunction on the ground that they had not demonstrated “a clear and legal right, a likelihood of irreparable harm, a substantial likelihood of success on the merits, and considerations of the public interest.” This appeal ensued pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B).
The referendum was held as scheduled on September 4, 1990, and resulted in a favorable vote. Therefore, the issue of whether the court erred in denying the motion for temporary injunction is moot.
The appellants raise other points concerning the legality of ordinance no. 90-43. These points have not, however, been ruled upon by the trial court, and hence, are not properly before us on this appeal from the court’s nonfinal order denying the temporary injunction.
Accordingly, we affirm the order denying the temporary injunction as being moot. We remand for such further proceedings as may be appropriate in this action wherein the appellants sought a declaratory judgment and other relief.
SCHOONOVER, C.J., and HALL, J., concur.
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Freni v. Collier Cnty., 588 So. 2d 291 (Fla. 2d DCA 1991)…concern and the plain statutory requirements of section 125.0104, we conclude the trial court erred in denying the appellants’ request for declaratory and injunctive relief. Reversed. LEHAN and ALTENBERND, JJ., concur. . Freni v. Collier County, 573 So. 2d 1054, 1055 (Fla. 2d DCA 1991) (issue of temporary injunction moot since referendum on ordinance had already been held).…
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Green v. Alachua Cnty. (Fla. 1st DCA 2021)…lvd. Corp. v. Vill. of N. Palm Beach, 753 So. 2d 754, 756 (Fla. 4th DCA 2000) (“Initially, we hold that the Village’s 1998 amendment of the ordinance renders appellant’s challenge to the 1996 version of section 45–20 moot.”); Freni v. Collier Cnty., 573 So. 2d 1054, 1055 (Fla. 2d DCA 1991) (concluding that the issue of whether the trial court erred in denying the motion for temporary injunction was moot where the appellants sought to enjoin a referendum that subsequently resulted in a favorable vote, and affir…
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Collier Cnty. v. Freni, 635 So. 2d 145 (Fla. 2d DCA 1994)…ing taxpayers refunds of local taxes levied under an invalidated ordinance. We reverse. This is the third time this court has reviewed the proceedings in the circuit court regarding Collier County’s ordinance no. 90-43. See Freni v. Collier County, 573 So. 2d 1054 (Fla. 2d DCA 1991) (Freni I); Freni v. Collier County, 588 So. 2d 291 (Fla. 2d DCA 1991) (Freni II). The ordinance permitted a local tourist development tax authorized by the Local Option Tourist Development Act (the Act), section 125.0104, Florida…
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