JUAN CARLOS GIL
v.
WINN-DIXIE STORES, INC.

11th Cir. | 2021-12-28
No. 17-13467
21 F.4th 775 Court of Appeals for the Eleventh Circuit (2021) Positive Treatment
Cited by 3 cases
Opinion of the Court

BEFORE: JILL PRYOR, BRANCH, Circuit Judges, and REEVES,* District Judge.

PER CURIAM:

The Petition for Panel Rehearing filed by Appellee Juan Carlos Gil is GRANTED. Due to the expiration of the injunction while the appeal was pending and the absence of any formal award of declaratory relief, the appeal was rendered moot. “A moot case is nonjusticiable and Article III courts lack jurisdiction to entertain it.” Troiano v. Supervisor of Elections in Palm Beach Cnty., Fla., 382 F. 3d 1276, 1281 (11th Cir. 2004).

Accordingly, we vacate our opinion and the underlying judgment, dismiss the appeal, and remand for the district court to dismiss the case as moot.

[fn 1]: Honorable Danny C. Reeves, United States District Chief Judge for the Eastern District of Kentucky, sitting by designation.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alvear v. Jackie Z. Style Co. (M.D. Fla. 2025)
    …f public accommodation or that it is otherwise subject to Title III of the ADA.”). Indeed, as the parties recognize, after the panel in Gil v. Winn-Dixie Stores, Inc., 993 F.3d 1266 (11th Cir. 2021), vacated its own decision on mootness grounds, see 21 F.4th 775, 776 (11th Cir. 2021) (per curiam), there is uncertainty in the Eleventh Circuit "as to the applicability of Title III of the ADA to a website operated by a commercial business,” JMA at 2. In the light of this uncertainty and without any agreement…
  • Ariza v. Art Core Furniture LLC (M.D. Fla. 2023)
    …bility to access the website did not violate Title III in this way. Jd. at 1284. While the Eleventh Circuit vacated Gil because the injunction expired while the appeal was pending and the appeal was rendered moot (Gil v. Winn- Dixie Stores, Inc., 21 F. 4th 775, 776 (11th Cir. 2021), its discussion of Rendon as it related to the alleged “intangible barrier” at issue demonstrates the need for a proper analysis with legal support to justify finding that Defendant is a public accommodation and the Website is…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw