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TAMIAMI PARTNERS, LTD. v. MICCOSUKEE TRIBE OF INDIANS OF FL.

Nos. 92-4869, 93-4375 and 93-4410.

999 F.2d 503 (1993)

TAMIAMI PARTNERS, LIMITED, Plaintiff-Appellant, v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Defendant-Appellee. TAMIAMI PARTNERS, LIMITED, Plaintiff-Appellee, v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Defendant-Appellant, Kenneth Welt, Conservator, Movant-Appellant. TAMIAMI PARTNERS, LIMITED, Plaintiff-Appellee, v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 1993.

Attorney(s) appearing for the Case

Sanford L. Bohrer, Bohrer & Aprill, Miami, FL, for Tamiami Partners, Ltd.

Dexter W. Lehtinen and Steven W. Simon, Spencer & Klein, P.A., Miami, FL, for Miccosukee Tribe of Indians.

Arthur Halsey Rice, Miami, FL, for Kenneth Welt.

Myles E. Fling, Acting Asst. Atty. Gen., Appellate Section, Environment & Natural Resources Div., Dept. of Justice, Washington, DC, for amicus U.S.

Before HATCHETT, Circuit Judge, RONEY, Senior Circuit Judge, and ATKINS, Senior District Judge.

HATCHETT, Circuit Judge:

In this lawsuit involving a contract dispute between Indians and non-Indians on Indian lands, we hold that the district court did not have subject matter jurisdiction.

I. FACTS

The Miccosukee Tribe of Indians of Florida (Tribe), a federally recognized Indian tribe, was organized under the Indian Reorganization Act of 1934, 25 U.S.C. § 461, et seq. In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA...

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