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- almd;;2:16-cv-00731_de203 RegisterActionDate "2020-05-14" @default.
- almd;;2:16-cv-00731_de203 RegisterActionDescriptionText "ORDER of USCA (no cover letter, see 189 RESEND) as to 54 Notice of Appeal filed by State of Alabama, 11th Circuit Appeal No. 17-14443-CC: BEFORE: WILSON and BRANCH, Circuit Judges, and VINSON, District Judge (NDFL, sitting by designation). BY THE COURT: Before the Court is Appellants' Motion to Vacate Decision and Dismiss Appeal as Moot." The motion is GRANTED IN PART, to the extent the appeal is DISMISSED as moot. The motion is DENIED, IN PART, to the extent Appellants seek vacatur of the Court's February 3, 2020 opinion. BRANCH, Circuit Judge, concurring in part and dissenting in part. I agree that we should grant Appellants' motion to dismiss the appeal as moot. But I would also grant the motion to the extent it seeks to have us vacate our February 3, 2020 opinion. The purpose of vacatur is to vacate an opinion when a case becomes moot pending appeal in order to "prevent a judgment, unreviewable because of mootness, from spawning any legal consequences." Therefore, the Supreme Court's "ordinary practice in disposing of a case that has become moot on appeal is to vacate the judgment with directions to dismiss." As this case is now moot, three factors weigh in favor of vacating our prior opinion as further set out in the order. (dmn, ) Modified on 5/18/2020 to reflect no cover letter and to see Doc. 189 Resend of 188 Order with correct notice. (dmn, ) (Entered: 05/15/2020)" @default.
- almd;;2:16-cv-00731_de203 AdministrativeID "188" @default.
- almd;;2:16-cv-00731_de203 OntologyLabel order @default.
- almd;;2:16-cv-00731_de203 hasReferenceToOtherEntry almd;;2:16-cv-00731_de203 @default.
- almd;;2:16-cv-00731_de203 hasReferenceToOtherEntry almd;;2:16-cv-00731_de204 @default.
- almd;;2:16-cv-00731_de203 hasReferenceToOtherEntry almd;;2:16-cv-00731_de54 @default.