3D11-0390 FLORIDA HIGH SCHOOL V. DELANCY AND FLORIA

State: Florida

Court: Florida Southern District Court

Docket No: 3D11-0390

Case Date: 02/16/2011

Plaintiff: 3D11-0390 FLORIDA HIGH SCHOOL

Defendant: DELANCY AND FLORIA

Preview: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, vs.

Brian Delancy, Gina Floria, as parent and guardian of Patrick George, and Lisa Karell, as parent and guardian of Dylan Karell,
Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Spencer Eig, Judge. Clayton-Johnston, and Leonard E. Ireland, Jr. (Gainesville), for appellant. Alan Goldfarb and Genevieve Mendes Weaver; Baron & Herskowitz, 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.1 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.2 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 Fla. High School Activities Ass'n. v. Bradshaw, 369 So. 2d 398 (Fla. 2d DCA 1979); Fla. High School Activities Ass'n. v. Melbourne Central Catholic High School, 867 So. 2d 1281 (Fla. 5th DCA 2004); Fla. High School Activities Ass'n. v. Benitez, 748 So. 2d 358 (Fla. 5th DCA 1999); Fla. High School Activities Ass'n. v. Adderly, 574 So. 2d 158 (Fla. 4th DCA 1990) (each reversing similar injunctions for similar reasons).

1

Fla. R. Civ. P. 1.610(a); Smith Barney Shearson, Inc. v. Berman, 678 So. 2d 376 (Fla. 3d DCA 1996). Section 1006.20, Florida Statutes (2010). 2

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.

3

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