Najiy v. City of Miami

Full title: ANITA NAJIY, et al., Appellants, v. CITY OF MIAMI, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 3, 2004

867 So. 2d 575 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-2196.

Opinion filed March 3, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge, Lower Tribunal No. 03-459.

Donna M. Ballman (Fort Lauderdale), for appellants.

Alejandro Vilarello, City Attorney, and Mimi V. Turin, Assistant City Attorney, for appellee.

Before GERSTEN, RAMIREZ, and SHEPHERD, JJ.

PER CURIAM.

We affirm the trial court's order of dismissal. See Wade v. Clower, 114 So. 548 (Fla. 1927); Paino v. Great West Life Assur. Co., 622 So.2d 632 (Fla. 3d DCA 1993). The dismissal is without prejudice and is contingent on the Federal Court accepting jurisdiction over the matter. If the Federal Court finds that it does not have jurisdiction over this matter, the parties are free to refile this lawsuit in state court. Affirmed as modified.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.