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E.I. DUPONT DE NEMOURS v. PIEDMONT NURSERY

No. 3D07-1316.

971 So.2d 897 (2007)

E.I. DuPONT DE NEMOURS & COMPANY, INC., Petitioner, v. MELVIN PIEDMONT NURSERY, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 5, 2007.

Attorney(s) appearing for the Case

Shook, Hardy & Bacon, LLP, and Edward A. Moss, and Eileen Tilghman Moss, and Todd Wallen, Miami; Hicks & Kneale, P.A., and Mark Hicks, Englewood, and Dinah Stein, Miami, for petitioner.

Feldman Gale, P.A., and Lawrence S. Gordon, and Jeffrey D. Feldman, Miami, for respondent.

Before GERSTEN, C.J., and GREEN, and SALTER, JJ.

PER CURIAM.

E.I. DuPont de Nemours & Co., Inc. ("DuPont"), seeks a writ of prohibition to prevent the Eleventh Judicial Circuit Court from proceeding to entertain an omnibus motion filed by Respondents raising a claim adjudicated in the United States District Court for the Western District of North Carolina by way of a final summary judgment and dismissal of Respondent's action. We grant the petition.

As we held in Carnival Corp. v. Middleton, ...

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