CHRISTINE E. GEORGIADES, PETITIONER,
v.
MARY GEORGIADES, RESPONDENT
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The appellate court dismissed a petition for certiorari because the issue raised, concerning a temporary injunction, became moot after the lower court dissolved the injunction. The court found that the dissolution rendered the appeal unnecessary.
Yes, the petition for certiorari should be dismissed as moot because the subsequent dissolution of the temporary injunction by the lower court renders the issue raised in the petition moot.
“Subsequent to the filing of certiorari, the respondent has filed in this court a motion to dismiss the writ on grounds that the temporary injunction has now been dissolved by order of the lower court, and therefore the only issue raised in the petition is now moot.”
This quote explains the basis for the respondent's motion to dismiss the appeal.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought certiorari to review an order denying their motion to dissolve a temporary injunction that was issued without notice and without…
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This is a petition for certiorari brought to review an order denying the petitioner’s motion to dissolve a temporary injunction issued without notice and without requiring the posting of bond. Subsequent to the filing of certiorari, the respondent has filed in this court a motion to dismiss the writ on grounds that the temporary injunction has now been dissolved by order of the lower court, and therefore the only issue raised in the petition is now moot.
Our examination of the certified copy of the lower court’s order dissolving the temporary injunction which is the basis of the petition for certiorari filed herein reveals that the only issue raised by the said petition has now become moot. Therefore, the petition for certiorari is hereby dismissed.
SFIANNON, Acting C. J., and LILES and PIERCE, JJ., concur.
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Gary J. Ganiban, M.D. v. James N. McManus, M.D. (Fla. 5th DCA 2023)…Cf. Wellings Auto., LLC v. Dennis Saviano Tr., dated 5/18/1993, 183 So. 3d 412, 412 (Fla. 3d DCA 2014) (dismissing an appeal as moot because the temporary injunction expired by its own terms after thirty days had passed); Georgiades v. Georgiades, 186 So. 2d 810, 810 (Fla. 2d DCA 1966) (dismissing as moot a petition for writ of certiorari to review an order denying a motion to dissolve a temporary injunction because the trial court had subsequently entered an order dissolving the injunction). Turning to th…
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Gary J. Ganiban, M.D. v. James N. McManus, M.D. (Fla. 5th DCA 2023)…Cf. Wellings Auto., LLC v. Dennis Saviano Tr., dated 5/18/1993, 183 So. 3d 412, 412 (Fla. 3d DCA 2014) (dismissing an appeal as moot because the temporary injunction expired by its own terms after thirty days had passed); Georgiades v. Georgiades, 186 So. 2d 810, 810 (Fla. 2d DCA 1966) (dismissing as moot a petition for writ of certiorari to review an order denying a motion to dissolve a temporary injunction because the trial court had subsequently entered an order dissolving the injunction). Turning to th…