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EAST CO. WATER CONTROL DIST. v. LEE COUNTY

No. 2D04-268.

884 So.2d 93 (2004)

EAST COUNTY WATER CONTROL DISTRICT, Petitioner, v. LEE COUNTY, Florida, Respondent.

District Court of Appeal of Florida, Second District.

April 16, 2004.

Attorney(s) appearing for the Case

Kenneth G. Spillias of Lewis, Longman & Walker, P.A., West Palm Beach, for Petitioner.

James G. Yaeger, County Attorney, and John S. Turner, Assistant County Attorney, Fort Myers, for Respondent.

PER CURIAM.

East County Water Control District (the District) seeks a writ of prohibition to bar the circuit court from exercising jurisdiction over a "complaint of intervenor" that Lee County filed in an action that the court previously had dismissed with prejudice. We conclude that the trial court lacks jurisdiction to proceed with the new complaint within the dismissed proceeding. Therefore, we grant the petition and issue the writ.

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