City of Sweetwater v. Lopez

245 So. 3d 863 (Fla. 3d DCA 2018) · Third District Court of Appeal of Florida · March 14, 2018 · No. No. 3D16-1879

Summary

The Third District Court of Appeal of Florida reviewed summary judgments favoring the Mayor of Sweetwater in disputes concerning the City’s 2015–16 final budget and several commission resolutions affecting layoffs, positions, and city vehicles. The court held that summary judgment concerning the final budget was improper because competing expert affidavits created genuine issues of material fact. It further held that challenges to the prior-year resolutions were moot because the resolutions had expired or been rescinded, and directed dismissal of those claims.

Holdings

  1. Summary judgment for Mayor Lopez was improper because competing affidavits created genuine issues of material fact concerning whether the Final Budget was balanced, complied with section 166.241(2), and followed sound financial practices.
  2. The trial court erred by reaching the merits of Mayor Lopez's challenges because the resolutions had expired or ceased to be capable of implementation and the claims were moot.

Questions Presented

  1. Whether summary judgment for Mayor Lopez was proper on the validity and implementation of the City's 2015-16 Final Budget when competing expert affidavits created a genuine issue of material fact regarding whether the budget was balanced and complied with Florida law.
  2. Whether the trial court properly reached the merits of Mayor Lopez's challenges to the Commission Resolutions and Budget Resolution after those measures expired or were rescinded before the action was filed or resolved.

Disposition

reversed_and_remanded

Cases Cited (11)

  • Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126, 130 (Fla. 2000)(followed)
  • Holl v. Talcott, 191 So. 2d 40, 43-45 (Fla. 1966)(followed)
  • Taylor v. Florida City, 322 So. 2d 35 (Fla. 3d DCA 1975)(followed)
  • Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992)(followed)
  • Dehoff v. Imeson, 15 So. 2d 258 (Fla. 1943)(followed)
  • Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 563 (1980)(followed)
  • Southern Pacific Terminal Co. v. Interstate Commerce Commission, 219 U.S. 498, 515 (1911)(followed)
  • Morris Publishing Group, LLC v. State, 136 So. 3d 770, 776 (Fla. 1st DCA 2014)(followed)
  • Department of Environmental Protection v. Garcia, 99 So. 3d 539, 544 (Fla. 3d DCA 2011)(followed)
  • Martinez v. Scanlan, 582 So. 2d 1167, 1174 (Fla. 1991)(followed)

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