BAYFRONT HMA MEDICAL CENTER, LLC D/B/A ETC.
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH
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An appellate court must dismiss an appeal as moot when the underlying controversy has been resolved and no practical relief can be granted.
[1] An appeal is moot and subject to dismissal when intervening events make it impossible for the court to grant effectual relief.
[2] Judicial tribunals should decide actual controversies and not give opinions on moot questions or declare rules of law that cannot affect the matter in issue.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into effect, and not to give opinions on moot questions, or to declare principles or rules of law which cannot affect the matter in issue.”
Explaining the basis for dismissing the appeal as moot
Bayfront HMA Medical Center appealed a decision by the Florida Department of Health regarding hospital licensing matters. The dispute involved Galenca…
The full statement of facts, procedural history, and disposition for this case are member content.
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relief,” and emphasizing that “[i]t is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into effect, and not to give opinions on moot questions, or to declare principles or rules of law which cannot affect the matter in issue”).
DISMISSED.
WOLF, BILBREY, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Geoffrey D. Smith, Timothy B. Elliott, and Corinne T. Porcher of Smith & Associates, Tallahassee, for Appellant. Stephen A. Ecenia, David M. Maloney, and Gabriel F. V. Warren of Rutledge Ecenia, P.A., Tallahassee, for Appellee Galencare, Inc., d/b/a Northside Hospital. Jason Gonzalez and Amber Stoner of Shutts & Bowen LLP, Tallahassee, for Appellee Florida Department of Health.
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- Montgomery v. Dep't of Health & Rehabilitative Servs., 468 So. 2d 1014 (Fla. 1st DCA 1985)
- Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC (Fla. 1st DCA 2018)