AFSCME FLORIDA COUNCIL 79 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
v.
PUBLIC EMPLOYEES RELATIONS COMMISSION
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AFSCME Florida Council 79 appealed a decision by the Public Employees Relations Commission, but the appellate court dismissed the appeal as moot because the underlying controversy had been fully resolved and no meaningful relief could be granted. The court determined that any judicial determination would have no practical effect.
The appeal is dismissed as moot because the controversy has been fully resolved and any judicial determination would have no actual effect and could fashion no remedy to correct the alleged error.
[1] An appeal becomes moot and must be dismissed when the underlying controversy has been fully resolved and no remedy can be fashioned by the court to correct any alleged er…
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Join FLexlaw to unlock all legal intelligence“The period for which the license had been suspended or revoked had expired, and even if the order of the court granting the temporary injunction should be reversed, it would be fruitless to the appellant.”
Establishes the principle that an appeal becomes fruitless when the underlying relief period has expired and no practical remedy remains.
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Join FLexlaw to unlock all legal intelligenceThe opinion does not provide detailed factual background. The case involves AFSCME Florida Council 79 and concerns a matter before the Public Employee…
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November 6, 2024 PER CURIAM.
DISMISSED. See City of St. Petersburg v. Clark, 166 So. 563, 563 (Fla. 1936) (“The period for which the license had been suspended or revoked had expired, and even if the order of the court granting the temporary injunction should be reversed, it would be fruitless to the appellant.”); see also Casiano v. State, 310 So. 3d 910, 913 (Fla. 2021) (holding that an appeal is moot “‘when the controversy has been so fully resolved that a judicial
determination can have no actual effect[,]’” (quoting Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992)), so that no remedy can be fashioned to correct the alleged error).
OSTERHAUS, C.J., and BILBREY and WINOKUR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- City of St. Petersburg v. Clark, 127 Fla. 232 (Fla. 1936)