Hill v. Butterworth

Full title: CLARENCE E. HILL, of himself as an individual and on behalf of himself and…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Jul 30, 1998

147 F.3d 1333 (11th Cir. 1998)

Opinion

No. 97-2192

DECIDED July 30, 1998

Richard B. Martell, Chief, Carolyn M. Snurkowski, Capital Appeals, Tallahassee, FL, for Defendants-Appellants.

Martin James McClain, Stephen M. Kissinger, Gregory C. Smith, Collateral Representatives, Tallahassee, FL, for Plaintiff-Appellee.

Appeal from the United States District Court for the Northern District of Florida.

D.C. Docket No. 4:96-CV-288-MMP.

Before HATCHETT, Chief Judge, FAY and FARRIS^_, Senior Circuit Judges.

_ Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.

Petition for Rehearing.

HATCHETT, Chief Judge:

In light of Calderon v. Ashmus, 118 S. Ct. 1694 (1998), we grant Florida's petition for rehearing, vacate our previous opinion, Hill v. Butterworth, 133 F.3d 783 (11th Cir. 1997), reverse the judgment of the district court, and remand the case with instructions to dissolve the injunction and dismiss the complaint for want of a justiciable case or controversy. See Hill, 133 F.3d at 785 n. 7 (Florida raised this issue on appeal).^__

__ Florida's motion to stay is denied as moot.

REVERSED and REMANDED.