USCA11 Case: 20-14846 Document: 72 Date Filed: 08/15/2023 Page: 1 of 2
[PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 20-14846
____________________
DEBORAH LAUFER,
Plaintiff-Appellant,
versus
ARPAN LLC,
d.b.a. Americas Best Value Inn,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 1:19-cv-00200-AW-GRJ
____________________
USCA11 Case: 20-14846 Document: 72 Date Filed: 08/15/2023 Page: 2 of 2
2 Order of the Court 20-14846
Before JORDAN, NEWSOM, and ED CARNES, Circuit Judges.
BY THE COURT:
Some fifteen months after we issued our opinion in this case,
see Laufer v. Arpan LLC,
29 F.4th 1268 (11th Cir. 2022), 1 Appellant
informed us that our case was moot—and, indeed, that it had been
moot at the time of our decision. Appellee has since confirmed
that, yes, it had dissolved its limited liability company seven weeks
before we decided the case, thereby eliminating any possibility of
redress.
We aren’t happy about being left in the dark for so long; we
expect more from litigants and, in particular, their lawyers. Even
so, we must agree that the case was moot at the time we issued our
opinion. Accordingly, Appellant’s motion to dismiss the appeal is
GRANTED, and the panel’s March 29, 2022 opinion is VACATED.
See IAL Aircraft Holding, Inc. v. F.A.A.,
216 F.3d 1304, 1306–07 (11th
Cir. 2000) (“[T]his court was without jurisdiction when the original
decision and mandate issued. Under these circumstances, we are
compelled to recall the mandate and vacate our earlier decision.”).
The panel’s March 31, 2023 order staying the issuance of the man-
date is likewise VACATED, and this appeal is DISMISSED AS
MOOT.
1 And conspicuously, within three days of filing a similar motion to dismiss at
the Supreme Court in a related case. On August 10, 2023, the Supreme Court
denied that motion and carried the mootness issue with the merits.
