Thursday, February 17, 2011

Injunction Allowing Player To Play In State Basketball Championships Reversed

In Florida High School Athletic Association, Inc. v. Delancy (3D11-390), the Third District vacated an order and dissolved the temporary injunction. The trial court entered an "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."  Because the "order and the record contain no findings sufficient to sustain such an injunction" the Third District stated "we vacate the order and dissolve the temporary injunction."

The court stated:
In Florida, high school basketball and other athletics are assigned by statute to FHSAA, a non-profit corporation, for overall regulation and enforcement.  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).
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. 


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