Opinion
No. 17-13467-CC
12-28-2021
Juan Carlos GIL, Plaintiff-Appellee, v. WINN-DIXIE STORES, INC., Defendant-Appellant.
David Ferleger, Law Office of David Ferleger, Jenkintown, PA, Joshua Michael Entin, Entin & Della Fera, PA, Fort Lauderdale, FL, for Plaintiff-Appellee. Susan Virginia Warner, FisherBroyles, LLP, Miami, FL, for Defendant-Appellant. Joyce Ackerbaum Cox, Kevin W. Shaughnessy, Baker & Hostetler, LLP, Orlando, FL, for Amici Curiae The Restaurant Law Center, American Bankers Association, American Hotel & Lodging Association, Asian American Hotel Owners Association, Chamber of Commerce of the United States of America, International Council of Shopping Centers, National Association of Theatre Owners, National Federation of Independent Businesses, National Multifamily Housing Council, National Association of Convenience Stores, National Association of Realtors, National Retail Federation, American Resort Development Association. Carol Celeiro Lumpkin, Stephanie N. Moot, K&L Gates, LLP, Miami, FL, for Amicus Curiae Florida Justice Reform Institute. Gregory Prescott Care, Brown Goldstein & Levy, LLP, Baltimore, MD, for Amici Curiae National Federation of the Blind, American Council of the Blind, American Foundation for the Blind, American Foundation for the Blind, Association of Late Deafened Adults, Disability Independence Group, Inc., Disability Rights Advocates, Disability Rights Education & Defense Fund, Disability Rights Florida, Florida Council of the Blind, National Association of the Deaf, National Disability Rights Network, National Council on Independent Living, National Federation of the Blind of Florida, Washington Lawyers' Committee for Civil Rights and Urban Affairs, World Institute on Disability, Missouri Protection & Advocacy, American Association of People With Disabilities, Disability Rights Texas, Civil Rights Education and Enforcement Center, Disability Rights Bar Association.
David Ferleger, Law Office of David Ferleger, Jenkintown, PA, Joshua Michael Entin, Entin & Della Fera, PA, Fort Lauderdale, FL, for Plaintiff-Appellee.
Susan Virginia Warner, FisherBroyles, LLP, Miami, FL, for Defendant-Appellant.
Joyce Ackerbaum Cox, Kevin W. Shaughnessy, Baker & Hostetler, LLP, Orlando, FL, for Amici Curiae The Restaurant Law Center, American Bankers Association, American Hotel & Lodging Association, Asian American Hotel Owners Association, Chamber of Commerce of the United States of America, International Council of Shopping Centers, National Association of Theatre Owners, National Federation of Independent Businesses, National Multifamily Housing Council, National Association of Convenience Stores, National Association of Realtors, National Retail Federation, American Resort Development Association.
Carol Celeiro Lumpkin, Stephanie N. Moot, K&L Gates, LLP, Miami, FL, for Amicus Curiae Florida Justice Reform Institute.
Gregory Prescott Care, Brown Goldstein & Levy, LLP, Baltimore, MD, for Amici Curiae National Federation of the Blind, American Council of the Blind, American Foundation for the Blind, American Foundation for the Blind, Association of Late Deafened Adults, Disability Independence Group, Inc., Disability Rights Advocates, Disability Rights Education & Defense Fund, Disability Rights Florida, Florida Council of the Blind, National Association of the Deaf, National Disability Rights Network, National Council on Independent Living, National Federation of the Blind of Florida, Washington Lawyers' Committee for Civil Rights and Urban Affairs, World Institute on Disability, Missouri Protection & Advocacy, American Association of People With Disabilities, Disability Rights Texas, Civil Rights Education and Enforcement Center, Disability Rights Bar Association.
BEFORE: Jill Pryor, Branch, Circuit Judges, and Reeves, District Judge.
Honorable Danny C. Reeves, United States District Chief Judge for the Eastern District of Kentucky, sitting by designation.
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.