Opinion
No. 19-14227-AA
05-13-2022
Sarah Elisabeth Geraghty, Atteeyah Hollie, Ryan Primerano, Southern Center for Human Rights, Atlanta, GA, Devon Orland, Attorney General's Office, Atlanta, GA, Michael A. Caplan, Caplan Cobb, LLP, Atlanta, GA, Anne Jessamyn Isham Kuhns, Decatur, GA, for Plaintiffs - Appellees. Ashley Jenell Moore Palmer, Michelle Arrington, Thomas Blaylock, Kaye Woodard Burwell, Fulton County Attorney's Office, Atlanta, GA, for Defendants - Appellants.
Sarah Elisabeth Geraghty, Atteeyah Hollie, Ryan Primerano, Southern Center for Human Rights, Atlanta, GA, Devon Orland, Attorney General's Office, Atlanta, GA, Michael A. Caplan, Caplan Cobb, LLP, Atlanta, GA, Anne Jessamyn Isham Kuhns, Decatur, GA, for Plaintiffs - Appellees.
Ashley Jenell Moore Palmer, Michelle Arrington, Thomas Blaylock, Kaye Woodard Burwell, Fulton County Attorney's Office, Atlanta, GA, for Defendants - Appellants.
Before: WILSON, GRANT, and TJOFLAT, Circuit Judges.
BY THE COURT:
Although the panel has already published an opinion in this case, Georgia Advocacy Office v. Jackson , 4 F.4th 1200 (11th Cir. 2021), the mandate has not yet issued, meaning this Court retains jurisdiction over the case. See Zaklama v. Mount Sinai Med. Ctr. , 906 F.2d 645, 649 (11th Cir. 1990) ("This court retains jurisdiction over an appeal until it has issued a mandate to implement its disposition." (internal quotation marks omitted)). Because the parties have settled and mooted this case before our mandate issued, the proper action is to vacate our prior opinion, and dismiss the appeal as moot. See Gipson v. Jefferson Cnty. Sheriff's Off. , 649 F.3d 1274, 1275 (11th Cir. 2011) (citing Key Enters. of Del., Inc. v. Venice Hosp. , 9 F.3d 893, 894 (11th Cir. 1993) (en banc)).
The published opinion issued by this panel on July 14, 2021, 4 F.4th 1200, is hereby VACATED , and this appeal is DISMISSED . The pending "Petition for Rehearing En Banc or Panel Rehearing" is DENIED AS MOOT .