COURTELIS COMPANY v. DEPT. OF TRANSP., 464 So.2d 174 (Fla.App. 3 Dist. 1985)

No. 81-1609.District Court of Appeal of Florida, Third District.
January 29, 1985. Rehearing Denied March 19, 1985.

Appeal from Florida Department of Transportation.

Cohen, Brown, Reed, Ivans Schwartz and Jay Schwartz, Miami, for appellant.

Margaret-Ray Kemper and Franz E. Dorn and Reynold David Meyer, Tallahassee, for appellee.

Before BARKDULL, HENDRY and JORGENSON, JJ.

PER CURIAM.

This cause recurs here following the Florida Supreme Court’s decision in Department of Transportation v. Courtelis Co., 436 So.2d 92
(Fla. 1983). The supreme court quashed our decision i Courtelis Co. v. Department of Transportation, 415 So.2d 826
(Fla. 3d DCA 1982), and remanded the case for application of its decision in Department of Business Regulation, Division of Pari-Mutuel Wagering v. Hyman, 417 So.2d 671 (Fla. 1982) quashing 399 So.2d 1098 (Fla. 3d DCA 1981), and for consideration of the other issue raised by Courtelis Company in its initial appeal.

Following remand by the supreme court, this court was advised at oral argument of a pending action between the owners of the sign and the Department of Transportation (DOT), and that such action will resolve the issues regarding the propriety of the DOT’s destruction of the sign.[1] Thus, we conclude that the issues involved in this appeal are moot, and, therefore, we dismiss the appeal.

Appeal dismissed.