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COLEMAN v. BLUE CROSS AND BLUE SHIELD

No. 1D10-1366.

53 So.3d 1052 (2010)

Joan COLEMAN, Appellant, v. BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 27, 2011.

Attorney(s) appearing for the Case

Kenneth W. Sukhia , Tallahassee; and Benjamin D. Rust of Benjamin D. Rust, P.A., Tallahassee, for Appellant.

Harry O. Thomas of Radey, Thomas, Yon & Clark, P.A., Tallahassee, for Appellee.

WOLF, J.

Appellant challenges the dismissal of her declaratory judgment action. We find merit in two of appellant's challenges. Namely, the trial court (1) incorrectly determined the exclusive jurisdiction over the cause of action was in federal court, and (2) prematurely dismissed the complaint based on the preemption provisions of the Employment Retirement Income Security Act (ERISA).1 We reverse and remand for further proceedings.<...

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