Najiy v. City of Miami, 3D03-2196.

Decision Date03 March 2004
Docket NumberNo. 3D03-2196.,3D03-2196.
Citation867 So.2d 575
PartiesAnita NAJIY, et al., Appellants, v. CITY OF MIAMI, Appellee.
CourtFlorida District Court of Appeals

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, 94 Fla. 817, 114 So. 548 (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.

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1 cases
  • Najiy v. City of Miami
    • United States
    • Florida District Court of Appeals
    • 9 Abril 2008
    ...the action in state court if the federal court "finds that it does not have jurisdiction over this matter." Najiy v. City of Miami, 867 So.2d 575, 576 (Fla. 3d DCA 2004). Subsequently, the Officers filed a federal court action alleging unlawful violations of the Florida Civil Rights Act. Un......

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