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FURRY v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA

No. 11-13673.

685 F.3d 1224 (2012)

John V. FURRY, as personal representative of the Estate and survivors of Tatiana H. Furry, Plaintiff-Appellant, v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, Miccosukee Tribe of Indians of Florida, d.b.a. Miccosukee Resort & Gaming, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 29, 2012.

Attorney(s) appearing for the Case

Bruce Stephen Rogow , Bruce S. Rogow, PA, Fort Lauderdale, FL, Sean M. Cleary , Sean M. Cleary Law Offices, Miami, FL, for Plaintiff-Appellant.

Bernardo Roman, III , Yinet Pino , Law Offices of Bernardo Roman III, Miami, FL, for Defendants-Appellees.

Before MARCUS and BLACK, Circuit Judges, and EVANS, District Judge.

MARCUS, Circuit Judge:

The appeal presents us with tragic facts; it also yields a straightforward legal resolution. John Furry, as personal representative of the estate of his daughter Tatiana Furry, appeals the district court's order granting the Miccosukee Tribe's1 motion to dismiss his complaint. Furry complained that the Miccosukee Tribe violated 18 U.S.C. § 1161 and Florida's dram shop law by knowingly serving excessive amounts...

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