CYPRESS v. TAMIAMI PARTNERS, LTD.

Nos. 94-2810, 94-2898.

662 So.2d 1292 (1995)

Billy CYPRESS and Dexter Lehtinen, Petitioners, v. TAMIAMI PARTNERS, LTD., a Florida limited partnership, Tamiami Development Corporation, a Florida Corporation; John Sisto and Cye Mandel, Individually, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1995.


Attorney(s) appearing for the Case

Baker & McKenzie, and Richard J. Ovelmen, Miami, for petitioners.

Bohrer & April, and Sanford L. Bohrer, and Susan H. Aprill, and Judith M. Mercier, Miami, for respondents.

Before NESBITT, JORGENSON, and GERSTEN, JJ.


PER CURIAM.

Petitioners Billy Cypress and Dexter Lehtinen, officials of the Miccosukee Tribe, seek certiorari review of the trial court's discovery order setting their depositions. We grant certiorari, finding that sovereign immunity protects petitioners.

Florida state courts do not have subject matter jurisdiction over a Native American tribe unless the tribe has expressly consented to suit or Congress has waived the tribe's sovereign immunity to civil actions...

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