Opinion
2012-1122
04-02-2012
SELECT EXPORT CORP., Plaintiff-Appellant, v. JACK RICHESON & CO., TRIDENT INDUSTRIA DE PRECISAO LTD., JERRY'S ARTARAMA N.C., INC., UTRECHT MANUFACTURING CORP., and DAVID SCHWARTZ, Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the
Southern District of Florida in case no. 10-CV-80526,
Judge William P. Dimitrouleas.
ON MOTION
Before BRYSON, MAYER, and LINN, Circuit Judges. BRYSON, Circuit Judge.
ORDER
Jack Richeson & Co. et al. (Richeson) move to dismiss Select Export Corp.'s appeal. Select opposes and moves to transfer the appeal to the United States Court of Appeals for the Eleventh Circuit.
Select's appeal arises out of its complaint brought in the United States District Court for the Southern District of Florida, charging Richeson with trademark infringement, false advertising under the Lanham Act, trademark dilution, defamation, and tortuous interference with contract.
This is a court of limited jurisdiction. 28 U.S.C. § 1295. Without a cause of action arising under the patent laws, this court is without jurisdiction to hear the state law and Lanham Act causes of action raised in Select's complaint.
Richeson contends that the appeal should be dismissed because Select waived its right to appeal by stipulating to a settlement of the case before the district court. Select argued below it did not in fact stipulate to settlement and informs the court in its motion to transfer that it intends to appeal that issue. Under the circumstances, we deem it the better course to transfer the appeal along with the motion to dismiss to the Eleventh Circuit.
Accordingly,
IT IS ORDERED THAT:
Select's motion to transfer is granted. The appeal and Richeson's motion to dismiss are transferred pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Eleventh Circuit.
FOR THE COURT
______________
Jan Horbaly
Clerk
cc: Michael Winer, Esq.
Bernardo Burstein, Esq.
s19
Issued As A Mandate: April 2, 2012