Defendant's Attorney: mark D. Schellhase and Emily L. Pineless

Description: Fort Lauderdale, Florida personal injury lawyer represented Plaintiff on a claim against an Indian Tribe.

The lawsuit underlying this appeal arises out of injuries which the appellant, Anjenie Bello, allegedly received during an altercation with a fellow patron at a casino operated by the appellee, Seminole Tribe of Florida d/b/a Seminole Indian Casino-Coconut Creek ("the Tribe"). The parties agree that the appellant: timely submitted the tort claim form required under the 2010 Gaming Compact ("Compact"); voluntarily dismissed her lawsuit, which was brought prematurely under the terms of the Compact; and refiled her suit after the one-year waiting period under the Compact had passed. The Tribe moved to dismiss the refiled lawsuit, asserting that it did not waive sovereign immunity, and arguing that where the suit was initially filed prematurely, the appellant was "forever barred" from bringing her claim. The trial court granted dismissal with prejudice.

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Legal issue Can a lawsuit refiled after an initial premature filing, due to non-compliance with a compact's waiting period, be barred despite subsequent compliance when the sovereign immunity defense is claimed?
Headnote

SOVEREIGN IMMUNITY. TRIBAL LAW. The case addresses whether the Seminole Tribe of Florida waived its sovereign immunity under the 2010 Gaming Compact, particularly when a tort claim was initially filed prematurely and subsequently refiled after the mandated waiting period, with the court determining that the trial court erred in dismissing the refiled lawsuit based on the precedent set in Seminole Tribe of Florida v. Pupo.

Key Phrases Confession of error. Sovereign immunity. Gaming Compact. Dismissal with prejudice. Refiled lawsuit.

Outcome: Reversed and remanded for further proceedings.

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