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).
2Reversed; 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
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