HOSSAM ANTAR, APPELLANT,
v.
SEAMILES, LLC., ET AL., APPELLEES
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The appellate court dismissed the appeal as moot because the controversy had been resolved and a judicial determination would have no actual effect.
Appellant appealed orders granting and vacating an emergency injunction. The computers and hard drives seized under the injunction were returned to th…
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PER CURIAM.
Hossam Antar appeals the trial court’s Ex Parte Order Granting Emergency Pre liminary Injunction and the trial court’s Order on Defendant’s Motion to Vacate Ex Parte Order Granting Emergency Permanent Injunction. Wé dismiss the appeal as moot.
The Florida Supreme Court has held that:
An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect. A case is “moot” when it presents no actual controversy or when the issues have ceased to exist. A moot case will generally be dismissed.
Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (citations omitted). Here, there was no injunction in effect. The computers and hard drives which were seized have all been returned to Antar. Furthermore, the record presents none of the three exceptions recognized by the Florida Supreme Court in which a moot case will not be dismissed. Id. at 212. Accordingly, the appeal is dismissed. See Operation Rescue Nat’l. v. City of Orlando, 712 So. 2d 449 (Fla. 5th DCA 1998).
Appeal dismissed.
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Safari Tours v. Pasco, 255 So. 3d 415 (Fla. 3d DCA 2018)…nal judgment authorizes Phoenix to retain possession of the bus until judgment is paid. While Safari also challenges this portion of the judgment, we do not reach this issue as it is moot because Phoenix auctioned off the bus. Antar v. Seamiles LLC, 960 So. 2d 802, 803 (Fla. 3d DCA 2017) (“A case is ‘moot’ when it presents no actual controversy or when the issues have ceased to exist.” (quoting Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992))). ---PAGE 4--- if the repair shop does not substantially comply…
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Godwin v. State, 593 So. 2d 211 (Fla. 1992)
- Operation Rescue Nat'l v. City OF Orlando, 712 So. 2d 449 (Fla. 5th DCA 1998)