40 Fla. L. Weekly D1481a
FWA is a statewide organization with attorney members licensed to practice in the State of Florida who devote themselves to protecting the rights of the citizens of Florida and upholding the Florida Civil Justice System and Florida Constitution. FWA members would be affected by the declaration giving them the right to a choice to file suit for their clients instead of the exclusive remedy in Chapter 440, the Workers’ Compensation Act. FWA members assert they have great interest in any action that would improve the rights of injured workers.
[T]here is a narrow, but well-established, exception to the mootness doctrine for controversies that are “capable of repetition, yet evading review.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 563, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980) (citing Southern Pacific Terminal, Co. v. Interstate Commerce Comm’n, 219 U.S. 498, 515, 31 S.Ct. 279, 55 L.Ed 310 (1911)). That exception applies when “(1) the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party will be subjected to the same action again.” Weinstein v. Bradford, 423 U.S. 147, 149, 96 S.Ct. 347, 46 L.Ed.2d 350 (1975).
Intervention is a dependent remedy in the sense that an intervenor may not inject a new issue into the case. . . . Furthermore, the rights of an intervenor are conditional in that they exist only so long as the litigation continues between the parties. For example, a voluntary dismissal by the party asserting a claim will generally foreclose the rights of an intervenor who wished to address that claim.
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