Waterblasting Technologies, Inc. v. Blasters, Inc., 8:17-cv-1451-T-27MAP. (2017)
Court: District Court, M.D. Florida
Number: infdco20171206864
Visitors: 9
Filed: Nov. 17, 2017
Latest Update: Nov. 17, 2017
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant Blasters, Inc.'s Motion to Dismiss with Prejudice (Dkt. 20), which Plaintiff opposes (Dkt. 21). Defendant moves to dismiss Plaintiff's amended complaint with prejudice for lack of subject matter jurisdiction. Plaintiff does not oppose dismissal, but rather contends that dismissal is without prejudice. A dismissal without prejudice "is appropriate for jurisdictional decisions." Campbell v. Air Jamaica Ltd., 760 F
Summary: ORDER JAMES D. WHITTEMORE , District Judge . BEFORE THE COURT is Defendant Blasters, Inc.'s Motion to Dismiss with Prejudice (Dkt. 20), which Plaintiff opposes (Dkt. 21). Defendant moves to dismiss Plaintiff's amended complaint with prejudice for lack of subject matter jurisdiction. Plaintiff does not oppose dismissal, but rather contends that dismissal is without prejudice. A dismissal without prejudice "is appropriate for jurisdictional decisions." Campbell v. Air Jamaica Ltd., 760 F...
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ORDER
JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT is Defendant Blasters, Inc.'s Motion to Dismiss with Prejudice (Dkt. 20), which Plaintiff opposes (Dkt. 21). Defendant moves to dismiss Plaintiff's amended complaint with prejudice for lack of subject matter jurisdiction. Plaintiff does not oppose dismissal, but rather contends that dismissal is without prejudice. A dismissal without prejudice "is appropriate for jurisdictional decisions." Campbell v. Air Jamaica Ltd., 760 F.3d 1165, 1169 (11th Cir. 2014); see also Betty K Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1341 (11th Cir.2005) ("[I]f the district court actually lacked jurisdiction . . ., the court would have lacked the power to dismiss . . . with prejudice."). Accordingly, the Motion (Dkt. 20) is GRANTED to the extent that this case is DISMISSED without prejudice for lack of subject matter jurisdiction. The Clerk is directed to CLOSE the file.
DONE AND ORDERED.
Source: Leagle
