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EMSA LTD. PARTNERSHIP v. LINCOLN

No. 95-2500.

691 So.2d 547 (1997)

EMSA LIMITED PARTNERSHIP, a Limited Partnership, Appellant, v. Dennis LINCOLN, Universal Data Consultants, Inc., a Florida corporation, Voice Data Interconnect, Inc., a Florida corporation, and Decade Computer Services, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

April 9, 1997.

Attorney(s) appearing for the Case

Helena Tetzeli of Kurzban, Kurzban, Weinger & Tetzeli, P.A., Miami, for appellant.

Stephen M. Gaffigan of Cesarano, Kain & Van Der Wall, P.L., Miami and Robert C. Kain, Jr., of Robert C. Kain, P.A., Fort Lauderdale, formerly of Cesarano, Kain & Van Der Wall, P.L., Miami, for appellees.

GROSS, Judge.

This is an appeal of an order dismissing an action for lack of subject matter jurisdiction on the grounds that a counterclaim pled copyright infringement which is within the exclusive jurisdiction of the federal district court. We affirm in part, reverse in part and remand for further proceedings in accordance with this opinion.

EMSA is a limited partnership which staffs hospital emergency rooms, operates clinics and otherwise provides health...

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