JOSEPH CUPO, APPELLANT,

v.

SEMINOLE TRIBE OF FLORIDA, A FEDERALLY RECOGNIZED INDIAN TRIBE, APPELLEE

Citator

Cited By

• Howard A. Engle, M.D. v. Liggett Grp., Inc., 945 So. 2d 1246 (Fla. 2006)
  …efore trial, and typically before discovery is completed. Rule 1.220(d)(1) provides an avenue for reexamining certification if subsequent discovery shows that circumstances have changed. See Int’l Longshoremen’s Ass’n, Deep Sea Local 1108 v. Fisher, 860 So. 2d 1078, 1078 (Fla. 1st DCA 2003) (affirming the trial court’s nonfinal order certifying a class but noting that “because the order is interlocutory, it may be revisited by the trial court should circumstances change”). Rule 1.220(d)(1) was not designed to…
• Seminole Tribe OF Florida v. McCOR, 903 So. 2d 353 (Fla. 2d DCA 2005)
  …f Tesuque, 132 N.M. 207, 46 P. 3d 668, 673 (2002) (“Without an unequivocal and express waiver of sovereign immunity or congressional authorization, state courts lack the power to entertain lawsuits against tribal entities.”); Cupo v. Seminole Tribe, 860 So. 2d 1078, 1079 (Fla. 1st DCA 2003) (affirming dismissal of workers’ compensation claim based on lack of subject matter jurisdiction over tribe where claimant “failed to show a clear, express and unmistakable waiver of sovereign immunity by the Tribe, or any…
• Miccosukee Tribe OF Indians of Florida v. Lewis Tein, P.L., 227 So. 3d 656 (Fla. 3d DCA 2017)
  …gress abrogated the Tribe’s sovereign immunity), and for us to find the Tribe waived its immunity, the party claiming the waiver must “show a clear, express and unmistakable waiver of sovereign immunity by the Tribe.” Cupo v. Seminole Tribe of Fla., 860 So. 2d 1078, 1079 (Fla. 1st DCA 2003). 1. The Limited Waiver in Bermudez One of the basic principles of appellate law is that the holding of a decision cannot extend beyond the facts of the case. See Adams v. Aetna Cas. & Sur. Co., 574 So. 2d 1142, 1153 (Fla.…

Authorities Cited

• Houghtaling v. Seminole Tribe OF Florida, 611 So. 2d 1235 (Fla. 1993)