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STATE, DEPT. OF TRANSP. v. PADGETT

No. 91-03845.

601 So.2d 1331 (1992)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, Petitioner, v. Honorable J. Rogers PADGETT, Circuit Judge, Thirteenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Second District.

July 10, 1992.

Attorney(s) appearing for the Case

Thornton J. Williams, General Counsel, and Gregory G. Costas, Asst. General Counsel, Tallahassee, for petitioner.

Nancy J. Faggianelli of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, and Jerry W. Berkstresser of Shoemaker and Mattare, Ltd., Arlington, Virginia, for Jacobs Wind Elec. Co., Inc. and Paul R. Jacobs.

PER CURIAM.

The State of Florida, Department of Transportation (Department) petitions for a writ of prohibition seeking to prohibit the circuit court from exercising subject matter jurisdiction in this cause. The Department contends that under 28 U.S.C. § 1338(a) state courts do not have jurisdiction over this case, the determination of which depends upon whether there was a patent infringement. We agree and grant the petition.

Jacobs Wind Electric Company...

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