FRIENDS OF EVERGLADES v. SOUTH FLA. WATER MGMT.

No. 11-15053 Non-Argument Calendar.

678 F.3d 1199 (2012)

FRIENDS OF THE EVERGLADES, et al., Plaintiffs-Counter Defendants, Miccosukee Tribe of Indians of Florida, a Florida municipality, Intervenor Plaintiff-Counter Defendant-Appellant, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Defendant-Counter Claimant-Appellee, Henry Dean, Executive Director, Defendant, United States of America, U.S. Sugar Corporation, Intervenors-Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 30, 2012.


Attorney(s) appearing for the Case

Bernardo Roman, III , Yesenia Fatima Rey , Law Offices of Bernardo Roman, III, Dione C. Carroll , Miccosukee Tribe of Indians of Florida, Sonia Escobio O'Donnell , Jorden Burt, LLP, Miami, FL, for Intervenor-Appellant.

Ellen J. Durkee , Andrew J. Doyle , Maureen Elizabeth Rudolph, U.S. Dept. of Justice, Environment & Natural Res. Div., Washington, DC, Norman O. Hemming, III , Miami, FL, Jack J. Aiello , Gunster, Yoakley & Stewart, PA, West Palm Beach, FL, Daniel H. Thompson , Berger Singerman , Tallahassee, FL, for Intervenors-Appellees.

James Edward Nutt , Edward L. Artau , Michael J. Compagno , South Florida Water Management Dist., West Palm Beach, FL, for Defendant-Appellee.

Before CARNES, WILSON and KRAVITCH, Circuit Judges.


PER CURIAM:

Miccosukee Tribe of Indians of Florida (the Tribe) appeals the district court's denial of its motion for attorneys' fees. The district court found that the Tribe was not a "prevailing party" because, although the district court had ruled in its favor, the decision was overturned on appeal. After a thorough review, we affirm.

The complex history of this case is set out in Friends of Everglades v. South...

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