UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs, Case No. 05-80339-CIV-MIDDLEBROOKS/JOHNSON , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA , 2005 U.S. Dist. LEXIS 22009, September 30, 2005, Decided, Motion denied by Fla. Wildlife Fed'n v. United States Army Corps of Eng'rs, 2005 U.S. Dist. LEXIS 22619 (S.D. Fla., Oct. 5, 2005)
OVERVIEW: On a challenge of a permit which concerned only part of a land parcel, where the permit allowed a development project to fill federally regulated wetlands, the Army Corps of Engineer's failure to base its independent utility finding on adequate record support rendered its no significant impact finding arbitrary and capricious for NEPA purposes.
Fla. Keys Citizens Coalition, Inc. v. United States Army Corps of Eng'Rs, Case No. 04-23175-CIV-HUCK , UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION , 374 F. Supp. 2d 1116; 2005 U.S. Dist. LEXIS 16837; 18 Fla. L. Weekly Fed. D 759, April 8, 2005, Decided, April 8, 2005, Filed, Costs and fees proceeding at, Magistrate's recommendation at Fla. Keys Citizens Coalition, Inc. v. United States Army Corps of Eng'Rs, 2005 U.S. Dist. LEXIS 17104 (S.D. Fla., June 23, 2005)
OVERVIEW: Environmental groups were denied relief on their claims challenging a highway improvement project where the decisions as to an EIS, the evaluation of the use of a national park, the issuance of a § 404, 33 U.S.C.S. § 1344, permit, and the reliance on two biological opinions issued under the Endangered Species Act were not arbitrary and capricious.
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Plaintiffs-Appellees, versus SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Defendant-Appellant. FRIENDS OF THE EVERGLADES, Plaintiff-Appellee, versus SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Defendant-Appellant.
280 F.3d 1364;2002 U.S. App. LEXIS 1588;53 ERC (BNA) 1929;32 ELR 20475;15 Fla. L. Weekly Fed. C 278 February 1, 2002.
OVERVIEW: The Miccosukee Tribe of Indians and the Friends of the Everglades brought a citizen suit under the Clean Water Act against the South Florida Water Management District. The suit alleges that the Water District was violating the Clean Water Act by discharging pollutants from the
S-9 pump station into Water Management District 3A without a national pollution discharge elimination system ("NPDES") permit.
Dees v. Miami, Case No. 87-1828-CIV, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 747 F. Supp. 679; 1990 U.S. Dist. LEXIS 12037, September 12, 1990, Decided, September 12, 1990, Filed
OVERVIEW: A police officer's suit claiming that his civil rights had been violated by his arrest for committing perjury in an official proceeding was meritless where there had been sufficient evidence to support the arrest and prosecution.
Florida Paraplegic Ass'n v. Miccosukee Tribe of Indians, No. 97-5418., UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 166 F.3d 1126; 1999 U.S. App. LEXIS 1425; 9 Am. Disabilities Cas. (BNA) 50, February 3, 1999, Decided
OVERVIEW: An Indian tribe was immune from suit for alleged discrimination against disabled persons because suits against Indian tribes were barred by sovereign immunity absent a clear waiver by the tribe or congressional abrogation.
Tamiami Partners v. Miccosukee Tribe of Indians, Nos. 94-4403, 94-4405, 94-4578, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 63 F.3d 1030; 1995 U.S. App. LEXIS 22518; 9 Fla. L. Weekly Fed. C 394, August 16, 1995, Decided, As Corrected.
OVERVIEW: Indian tribe, tribal business council, and gaming agency were protected from suit in federal court by doctrine of sovereign immunity; sovereign immunity did not extend to individual tribal officers.
Hasenfus v. Secord, Nos. 91-5106, 91-5107, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 962 F.2d 1556; 1992 U.S. App. LEXIS 13408; 6 Fla. L. Weekly Fed. C 651, June 15, 1992, Decided
OVERVIEW: In pilot and widow's negligence, misrepresentation, and wrongful death action, directing verdicts for general, partner, and corporations was proper when it was not shown that their negligence proximately caused injuries.
FLORIDA STATE COURTS OF APPEAL
Mac-Gray Services, Inc. v. Savannah Associates of Sarasota, LLC 2005 WL 2512878 (Fla.App. 2 Dist.,2005)
Background: Action was brought seeking a declaratory judgment as to the interpretation of an addendum to a commercial lease involving the laundry room at an apartment complex. The Circuit Court, Sarasota County, Deno G. Economou, J., awarded summary judgment to landlord. Tenant appealed.
Holding: The District Court of Appeal, Canady, J., held that provision in addendum "extending" lease term for three years contained a latent ambiguity. Reversed and Remanded.
Bankatlantic v. Streicher Enters., CASE NO. 4D00-3851, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 783 So. 2d 1209; 2001 Fla. App. LEXIS 5798; 26 Fla. L. Weekly D 1128, May 2, 2001, Opinion Filed, Released for Publication May 18, 2001.
OVERVIEW: Trial court's failure to grant bank's motion to enforce a court order requiring compliance with the appellate court's mandate was reversed. By so doing, the trial court effectively ignored the appellate court's mandate.
BankAtlantic v. Streicher Enters., Inc., CASE NO. 4D99-1758, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 756 So. 2d 195; 2000 Fla. App. LEXIS 4279; 25 Fla. L. Weekly D 923, April 12, 2000, Opinion Filed, Released for Publication April 28, 2000.
OVERVIEW: Trial court improperly granted summary judgment to appellee, granting appellee access to bank accounts, because appellee was no longer an agent of the Indian tribe which owned the accounts at the time of decision.
Annis v. Claussen, CASE No. 92-2011, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, 1994 Fla. App. LEXIS 2935, February 8, 1994, Filed, Released for Publication March 15, 1994.
Douglas v. Florida State Bd. of Regents, Case No. 89-1462, Court of Appeal of Florida, Third District, 564 So. 2d 1158; 1990 Fla. App. LEXIS 4926; 15 Fla. L. Weekly D 1795, July 10, 1990, Filed, Released for Publication August 29, 1990.
Douglas v. Florida State Bd. of Regents, Case No. 88-2559, Court of Appeal of Florida, Third District, 550 So. 2d 1173; 1989 Fla. App. LEXIS 5960; 14 Fla. L. Weekly 2502, October 24, 1989, Filed
A & B Pipe & Supply Co. v. Turnberry Towers Corp., No. 86-637, Court of Appeals of Florida, Third District, 500 So. 2d 261; 1986 Fla. App. LEXIS 10960; 11 Fla. L. Weekly 2653, December 16, 1986, Rehearing Denied January 29, 1987.
OVERVIEW: Defendants' were not entitled to summary judgment in plaintiffs' civil case because it was premature for trial court to award final summary judgment when plaintiffs had not completed discovery.
Guzman v. Miramar Electric Supply Co., Case No. 90-2410, Court of Appeal of Florida, Third District, 1991 Fla. App. LEXIS 7596; 16 Fla. L. Weekly D 1985, July 30, 1991, Filed
OVERVIEW: Sanctions against defendant's attorney were warranted because defendant's attorney signed a baseless claim accusing plaintiff of criminal activity.
Boca Research v. Kroll Assocs., CASE NO. 96-416, COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, 677 So. 2d 419; 1996 Fla. App. LEXIS 8243; 21 Fla. L. Weekly D 1776, August 7, 1996, Filed, Released for Publication August 23, 1996.
OVERVIEW: A motion to transfer venue was denied in a breach of contract action between a foreign and a domestic corporation because the action on a contract for payment of money accrued in the county where the payment was agreed to be made.
Robert F. Wilson, Inc. v. Post-Tensioned Structures, Inc., No. 87-1031, Court of Appeal of Florida, Third District, 522 So. 2d 79; 1988 Fla. App. LEXIS 892; 13 Fla. L. Weekly 620, March 8, 1988, Filed
OVERVIEW: Judgment entered in favor of subcontractor for general contractor's nonpayment under the contract was reversed because the owner had not yet paid general contractor, which was a condition precedent to payment to subcontractor.
Hector Turf & Garden, Inc. v. Calusa Golf, Inc., Nos. 85-2867, 86-15, Court of Appeal of Florida, Third District, 504 So. 2d 42; 1987 Fla. App. LEXIS 7241; 12 Fla. L. Weekly 784, March 17, 1987, Filed
... Rivera and Steven Siegfried and Samuel B. Reiner, for appellee/appellant ...
MISCELLANEOUS FEDERAL COURTS
Basil Cook Enters. v. St. Regis Mohawk Tribe, 95-CV-1256, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, 914 F. Supp. 839; 1996 U.S. Dist. LEXIS 1724, February 14, 1996, Dated, February 14, 1996, FILED
OVERVIEW: In action to enforce or seek damages relating to management agreement concerning operation of bingo hall, Indian tribe would not be compelled to arbitration. Tribal court system should have been afforded initial opportunity to determine said issues.
Basil Cook Enters. v. St. Regis Mohawk Tribe, Docket No. 96-7273, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 117 F.3d 61; 1997 U.S. App. LEXIS 15454, September 27, 1996, Argued, June 27, 1997, Decided
OVERVIEW: A party challenging the jurisdiction of a tribal court under federal law was required to present their claim to the tribal court before seeking to defeat tribal jurisdiction in any collateral or parallel federal court proceeding.