Tag Archives: Florida Court of Appeals

Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

Here is the opinion. An excerpt: “There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware … Continue reading

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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. … Continue reading

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Florida COA Materials in MMMG LLC v. Seminole Tribe of Florida

Here: MMMG Opening Brief Seminole Answer Brief MMMG Reply

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Florida COA Rules against Miccosukee Tribe in Suit against Lewis Tein

Here is the opinion: Florida COA Opinion An excerpt: Once the movants made such a presentation, the burden shifted to the Tribe as the non-movant opposing the motion to either (1) come forward with conflicting evidence that created a disputed … Continue reading

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Florida Appellate Court Reverses Parental Termination Due to ICWA Notice Violation

Here is the opinion in G.L. v. Department of Children and Families (Fla. App. 5th Dist.). An excerpt: The father, G.L., appeals the termination of his parental rights to his child, T.M.L. He contends that the notice requirements of the Indian … Continue reading

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Miccosukee Tribe Loses Non-Intercourse Act Claim in State Eminent Domain Case

Here is the opinion in Miccosukee Tribe of Florida v. Dept. of Environmental Protection (Fla. App.). Here is an excerpt: The Miccosukee Tribe of Indians of Florida petitions for a writ of certiorari to quash the trial court’s order that denied … Continue reading

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Florida Appeals Court Rules against Seminole Tribe in Gas Tax Case

Here is the opinion in Florida Dept. of Revenue v. Seminole Tribe of Florida. An excerpt: Taxability of gasoline purchased outside of Indian lands is the issue in this appeal. The Department of Revenue appeals a final summary judgment for the Seminole Tribe … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , | 2 Comments

Briefing in Seminole Tribe v. Starkman — Effort to Recover for Bad Checks from Problem Gambler

Here are those briefs (Fla. App.): Seminole Tribe Appellant Brief Starkman Appellee Brief

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Florida Reply Brief in Seminole Tribe Tax Case

Here: Florida Reply Brief. Prior briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , | 1 Comment

Florida Appellate Court Dismisses Personal Injury Claim against Seminole Tribe

Here is the opinion in Seminole Tribe v. Ariz (Fla. App., Dist. 2). An excerpt: Florida law is clear that the Indian tribes are independent sovereign governments not subject to the civil jurisdiction of the courts of this state. See Houghtaling … Continue reading

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