Jacksonville Property Rights Association, Inc. v. City of Jacksonville, Florida

U.S. Court of Appeals for the Eleventh Circuit
Jacksonville Property Rights Association, Inc. v. City of Jacksonville, Florida, 496 F. App'x 956 (11th Cir. 2012)

Jacksonville Property Rights Association, Inc. v. City of Jacksonville, Florida

Opinion

PER CURIAM:

In Jacksonville Property Rights Ass’n, Inc. v. City of Jacksonville, 635 F.3d 1266, 1277 (11th Cir. 2011), we dismissed the parties’ appeals, vacated the District Court’s judgment, and remanded the case to the District Court “with instructions to dismiss this action.” Following the issuance of our mandate, appellants moved the District Court for leave to amend their complaint and for other relief. The District Court, following the mandate rule, see Piambino v. Bailey, 757 F.2d 1112, 1120 (11th Cir. 1985), dismissed the case 1 , “reserv[ing] jurisdiction to consider any timely filed motions for attorneys’ fees and costs.”

Appellants now appeal the District Court’s ruling. The District Court did precisely what our mandate instructed it to do, i.e., dismiss the action. We accordingly affirm.

AFFIRMED.

1

. We construe the dismissal to be without prejudice, since the basis for our disposition of the parties' appeals was that the case was moot.

Reference

Full Case Name
JACKSONVILLE PROPERTY RIGHTS ASSOCIATION INC., a Florida Nonprofit Corporation, Horton Enterprises, Inc., a Florida Corporation, D.B.A. the New Solid Gold, Hartsock Enterprises, Inc., a Florida Corporation, D.B.A. Doll House, Plaintiffs-Appellants, E.M.R.O. Corporation, Inc., Etc., Et Al., Plaintiffs, v. CITY OF JACKSONVILLE, FLORIDA, a Florida Municipal Corporation, Defendant-Appellee
Status
Unpublished