Download as pdf
Download as pdf
You are on page 1of 4
Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed February 16, 2011. No. 3D11-390 ‘Lower Tribunal No. 11-3355 Florida High School Athletic Association, Inc., Appellant, v3. as parent and guardian mnt = ‘Ss parent and guardian o: “Appellees. An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Clayton-Johnston, and Leonerd E. Ireland, Jr. (Gainesville), for appellant, Alan Goldfarb and Genevieve Mendes Weaver; Baron & Herskowite, and David Baron, for appellees. Before WELLS, SALTER, and EMAS, JJ. PER CURIAM. Florida High School Athletic Association, Inc. (FHSAA) appeals a circuit court order temporarily enjoining FHSAA from disqualifying a high school basketball player and his team from participation in the end-of-season basketball state championship series. ‘The order and the record contain no findings sufficient to sustain such an injunction. Accordingly, we vacate the order and dissolve the temporary injunction. In Florida, high school basketball and other athletics are assigned by statute to FHSAA, a non-profit corporation, for overall regulation and enforcement.’ The pertinent statutes and the FHSAA’s by-laws are plainly calculated to allow member schools (public and private) to resolve the kinds of issues presented here, with judicial intervention only in exceptional circumstances that have not been demonstrated here, See Bla. High School Activities Ass'n. v, Bradshaw, 369 So, 2d 398 (Fla. 2d DCA. 1979); Ela, High School Activities Ass’n, v. Melboume sntral Catholic High School, 867 So. 2d 1281 Fla. Sth DCA 2004); Fla, High School Activities Ass'n, v. Benitez, 748 So. 2d 358 (Fla, Sth DCA 1999); Bla, High School Activities Ass'n, v. Adderly, 574 So. 2d 158 (Fla. 4th DCA. 1990) (each reversing similar injunctions for similar reasons), ' Fla. R, Civ, P. 1,610(a); Sunith Barney Shearson, Ino, v. Berman, 678 So. 2d 376 (Fla. 3d DCA 1996), Section 1006.20, Florida Statutes (2010). 2 Reversed; temporary injunction dissolved. This decision shall take effect immediately, and the mandate shall be released simultaneously with this opinion without regard to any motion for rehearing or rehearing en banc. MANDATE DISTRICT COURT OF APPEAL OF FLORIDA ‘THIRD DISTRICT DCA # 311-390 FLORIDA HIGH SCHOOL ATHLETIC ASSOC, INC., ‘This cause having been brought to this Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDID thet such firther proceedings be had in said cause in accordance with the opiaion of this Court attached hereto and incorporated as part of this order, and with the rules of procedure and laws of the State of Florida. Case No. 11-3355 WITNESS, The Honorable JUAN RAMIREZ, JR., Chief Judge of said District Court and scal of said Court at Miami, this day February 16, 2011 CC Wi0 OPINION: Leonard F. Ireland, ir; Alon Gofirb and Genevieve Mendes Weaver, David F. rron ie srs Pepeeseenc mane Wa Ke RA Tragcmm tant

You might also like