ACCESS 4 ALL, INC., Felix M. Esposito, individually, Plaintiffs-Appellants, v. CASA MARINA OWNER, LLC, a foreign limited liability company, Defendant-Appellee.

No. 07-10281.United States Court of Appeals, Eleventh Circuit.
February 5, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

John P. Fuller, Thomas B. Bacon, Fuller Fuller Associates, North Miami, FL, for Plaintiffs-Appellants.

Aaron Behar, Alan S. Feldman, Margaret Hood Mevers, Lydecker, Lee Behar Behar, Berga De Zayas, LLC, Miami, FL, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 06-1005-CV-JLK.

Before TJOFLAT, MARCUS and WILSON, Circuit Judges.


In this Americans with Disabilities Act case, the appellants Access 4 All, Inc. and Felix Esposito appeal from the district court’s October 3, 2006 order dismissing the case on mootness grounds and awarding attorney’s fees to Appellee Casa Marina Owner, LLC. With the consent of all parties, we hereby vacate the district court’s order of October 3, 2006 dismissing the case and remand the cause for further proceedings. We also vacate the district court’s order of October 3, 2006 awarding attorney’s fees to Casa Marina Owner, LLC.