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AVIATECA, S.A. v. FRIEDMAN

No. 96-1023.

678 So.2d 387 (1996)

AVIATECA, S.A., formerly known as Empresa Guatemalteca De Aviacion, Petitioner, v. The Honorable Ronald M. FRIEDMAN, Judge of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 11, 1996.

Attorney(s) appearing for the Case

Condon & Forsyth and Michael J. Holland, Steven C. Rickman and Judith R. Nemsick, New York City; Thornton, Davis & Murray, Kathleen M. O'Connor and John M. Murray, Miami, for petitioner.

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin and Joel S. Perwin, Miami; Robert A. Ginsburg and Roy S. Wood, Jr., Miami, for respondents.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

Aviateca, S.A. [Aviateca] petitions this court for a writ of prohibition to prevent the Honorable Ronald M. Friedman from presiding over nine wrongful death cases brought against Aviateca. Specifically, Aviateca alleges that the court lacks subject matter jurisdiction pursuant to Article 28 of the Warsaw Convention. We grant the petition.

Article 28(1) of the Warsaw Convention provides that an action for damages arising out of international air...

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