LIPOFSKY v. NEW YORK STATE WORKERS COMPENSATION BD.

No. 87-6010. Non-Argument Calendar.

861 F.2d 1257 (1988)

Eugene LIPOFSKY, Plaintiff-Appellant, v. NEW YORK STATE WORKERS COMPENSATION BOARD, Robert Steingut, Lee First, Martain Mankowitz, Carl Sachs, The State Insurance Fund, John Fendor, Carol Sendar, and A. Franklin Mahoney, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 19, 1988.


Attorney(s) appearing for the Case

August L. Fietkau, Asst. Atty. Gen., New York State, New York City, for defendants-appellees.

Before HATCHETT, CLARK and EDMONDSON, Circuit Judges.


EDMONDSON, Circuit Judge:

The issue in this appeal is whether a district court — without prior notice to the parties of its intended action — may dismiss on its own motion a claim for lack of personal jurisdiction and improper venue. We hold that it may not.

Plaintiff Eugene Lipofsky, a Florida resident, filed his complaint in the Southern District of Florida, seeking to enforce a purported judgment entered in New York awarding him workers' compensation...

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