Seminole Tribes Prevails in Sovereign Immunity Dispute with Slip and Fall Plaintiffs

Here is the opinion in Seminole Tribe of Florida v. Schinnler (Fla. Ct. App.).

An excerpt:

Here, the tribe established that no resolution, ordinance or compact including a waiver of immunity was enforceable in 2009 when the plaintiff’s claim arose. The resolution (No. C–195–06) passed by the Tribal Council authorized the tribe to enter into the 2007 compact. While the 2007 compact provided a limited waiver of immunity, our supreme court held the compact invalid. Crist, 999 So.2d at 616. The tribe also provided an affidavit attesting that no waiver of sovereign immunity was in effect when the claim arose. The plaintiff did not rebut this affidavit, nor could she have done so.

There is no factual dispute. The trial court departed from the essential requirements of law when it denied the tribe’s motion to dismiss. This harm is irreparable if immunity is not given its intended effect.