125 F.4th 1361
11th Cir.2025Background
- Andrew Warren, the plaintiff, was suspended by Governor Ron DeSantis from his elected position as state attorney in Florida.
- Warren filed a lawsuit seeking injunctive relief to be reinstated and a declaration that his suspension was unconstitutional.
- The district court rejected Warren’s claims on the merits, and Warren appealed the decision.
- While an appeal and rehearing petition were pending, Warren’s term as state attorney expired.
- The appellate court considered whether the expiration of Warren’s term rendered the case moot for lack of a live controversy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness due to expiration of Warren’s term | Case is not moot: exception for cases capable of repetition yet evading review applies | Case is moot because no live case or controversy remains | Case is moot; exception does not apply |
| Entitlement to back pay under Florida law | Declaration of unconstitutional suspension allows recovery of back pay | No entitlement absent reinstatement | No entitlement to back pay without reinstatement |
| Availability of relief after term expiration | Injunctive/declaratory relief should still issue | Relief unavailable as term expired | No meaningful relief can be granted post-term |
| Implicit request for money damages | Prayer for “other and further relief” includes damages | Relief sought was only declaratory/injunctive | General language does not convert relief to damages |
Key Cases Cited
- Soliman v. United States ex rel. INS, 296 F.3d 1237 (11th Cir. 2002) (outlines mootness and live controversy requirement)
- FEC v. Wis. Right to Life, Inc., 551 U.S. 449 (2007) (establishes exception for cases capable of repetition yet evading review)
- Hall v. Alabama, 902 F.3d 1294 (11th Cir. 2018) (plaintiff bears burden for mootness exception)
- Aaron’s Priv. Clinic Mgmt. v. Berry, 912 F.3d 1330 (11th Cir. 2019) (temporary statute expiration moots requests for relief)
- Rosen v. Cascade Int’l, Inc., 21 F.3d 1520 (11th Cir. 1994) (boilerplate relief language does not alter nature of claims)