State of Florida on Relation of Tallahassee Corporate Center, LLC, and DRA CRT Tallahassee Center, LLC v. Florida Department of Management Services, Tallahassee Retail Venture, LLC, Tallahassee Corporate Center, LLC, DRA CRT Tallahassee Center, LLC, and Derrick Williams
CourtDistrict Court of Appeal of Florida
Date FiledMarch 3, 2020
Docket1D19-0598
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-598
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STATE OF FLORIDA on relation of
TALLAHASSEE CORPORATE
CENTER, LLC, and DRA CRT
TALLAHASSEE CENTER, LLC,
Appellants,
v.
FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES,
TALLAHASSEE RETAIL VENTURE,
LLC, TALLAHASSEE CORPORATE
CENTER, LLC, DRA CRT
TALLAHASSEE CENTER, LLC, and
DERRICK WILLIAMS,
Appellees.
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On appeal from the Circuit Court for Leon County.
John C. Cooper, Judge.
March 3, 2020
PER CURIAM.
Appellants challenge the trial court’s final summary
judgment in favor of Appellees and dismissal with prejudice of the
counts in the amended complaint seeking declaratory and
injunctive relief. Because the Department of Management
Services lease procurement process has been completed and the
subject leases have been entered into and commenced, there is no
longer a present, justiciable controversy or practical need for a
declaration. See Rhea v. Dist. Bd. of Trs. of Santa Fe College, 109
So. 3d 851, 859 (Fla. 1st DCA 2013) (affirming dismissal of
declaratory action with prejudice; alleged controversy was moot);
see also City of Apalachicola v. Bd. of Cty. Comm’rs of Franklin
Cty., 567 So. 2d 22, 23 (Fla. 1st DCA 1990) (affirming dismissal of
claim for injunctive relief to prevent relocation and construction of
county jail; relocation and construction already completed,
rendering any declaration and injunction moot).
Because this appeal is moot, it is hereby DISMISSED.
ROBERTS, ROWE, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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M. Stephen Turner of Nelson Mullins Broad and Cassel,
Tallahassee, for Appellants.
Erik M. Figlio and Alexandra Akre of Ausley & McMullen, P.A.,
Tallahassee, for Appellee Florida Department of Management
Services.
Brian A. Newman, J. Breck Brannen, and Brandice D. Dickson of
Pennington, P.A., Tallahassee, for Appellee Tallahassee Retail
Ventures, LLC.
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