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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. 2