LTC 289-2019 The School Board of Miami-Dade County, Florida v. The City of Miami Beach, Florida IA t.,\ I BEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 289 2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber
Members of the City Commission
FROM: Raul J. Aguila, City Attorney6-'43
DATE: May 16, 2019
SUBJECT: The School Board of Miami-Dade County, Florida v.
The City of Miami Beach, Florida
The City successfully prevailed in the Third District Court of Appeal on its Motion to
Dismiss for lack of jurisdiction the School Board's appeal of a non-final order. The Third
DCA's opinion is attached. However, in today's edition of the Daily Business Review
the litigation reporter incorrectly identified the parties. The article should read "Florida's
Third District Court of Appeal granted the City's motion to dismiss the case for lack of
jurisdiction." (Emphasis supplied).
The litigation reporter has been notified and he will be correcting the error.
RJA/SH R/ag
Attachment
We ore committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community.
Ijirb ritgtrict (Court of appear
State of Florida
Opinion filed May 15, 2019.
Not final until disposition of timely filed motion for rehearing.
No. 3D19-598
Lower Tribunal No. 17-672
The School Board of Miami-Dade County, Florida,
Appellant,
vs.
The City of Miami Beach, Florida,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, David C. Miller, Judge.
Alvarez, Winthrop, Thompson & Storey, P.A., and Susan M. Seigle
(Gainesville); Walter J. Harvey, School Board Attorney, and Jeff James, Assistant
School Board Attorney, for appellant.
Johnson,Anselmo, Murdoch, Burke, Piper& Hochman, P.A., and Michael T.
Burke (Fort Lauderdale), for appellee.
Before SALTER, LOGUE, and MILLER, JJ.
ON MOTION TO DISMISS
PER CURIAM.
The motion to dismiss for lack of jurisdiction is granted. See Dep't of Children
& Families v. Feliciano, 259 So. 3d 957, 958 (Fla. 3d DCA 2018), pet. pending,
SC18-2146 (Fla. Dec. 27, 2018); Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla.
3d DCA 2017), reh'g denied, 242 So. 3d 540 (Fla. 3d DCA 2018) (Rothenberg, C.J.,
dissenting), pet. pending, SC18-1118 (Fla. July 6, 2018). But see, Fla. Highway
Patrol v. Jackson, 238 So. 3d 430, 431 (Fla. 1st DCA 2018), pet. pending, SC18-468
(Fla. Mar. 23, 2018).
Dismissed.
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