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CITY OF DELRAY BEACH v. DHARMA PROPERTIES

No. 4D01-4191.

809 So.2d 35 (2002)

The CITY OF DELRAY BEACH, Florida, A Florida Municipal Corporation, Petitioner, v. DHARMA PROPERTIES, INC., a Florida Corporation, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 20, 2002.

Attorney(s) appearing for the Case

Henry B. Handler and David K. Friedman of Weiss & Handler, P.A., Boca Raton, and Susan A. Ruby of Office of the City Attorney, Delray Beach, for petitioner.

Charles L. Siemon and Todd G. Messenger of Siemon & Larsen, P.A., Boca Raton, for respondent.

WARNER, J.

Petitioner, the City of Delray Beach, brings this petition for writ of prohibition, contending that the trial court has no jurisdiction to proceed in the underlying lawsuit because the case was removed to federal court and has never been remanded. The trial court rejected this argument because the federal court issued a final judgment on grounds of standing, thus deciding the issue on jurisdictional grounds and not the merits of the underlying cause. Despite...

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