AUSTRAL LINEAS V. RAQUEL LAURA GIMENEZ

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 AUSTRAL LINEAS AEREAS CIELOS ** DEL SUR, etc., ** Appellant, ** vs. ** RAQUEL LAURA GIMENEZ, etc., ** Appellee. ** CASE NO. 3D01-1334 LOWER TRIBUNAL NO. 99-23515 Opinion filed October 16, 2002. An Appeal from a nonfinal order of the Circuit Court for Dade County, Celeste Hardee Muir, Judge. Thornton, Davis & Fein and Holly S. Harvey, for appellant. Floyd A. Wisner; Colson Hicks Eidson and Marc Cooper and Maureen E. Lefebvre, for appellee. Before JORGENSON, COPE, and GODERICH, JJ. PER CURIAM. We reverse the order denying the appellant s motion to dismiss for lack of personal jurisdiction. As we have already determined that the proper forum for this case is Argentina, see Aerolineas Argentinas, S.A. v. Gimenez, 807 So. 2d 111 (Fla. 3d DCA 2002), cert. denied, No. 02-461 (Fla. Sept. 23, 2002), the law of the case doctrine renders this issue moot. See Lawson v. Latham, 564 So. 2d 1216 (Fla. 3d DCA 1990) ("[Q]uestions of law which have been decided by the highest appellate court become the law of the case which, except in extraordinary circumstances, must be followed in subsequent proceedings, both in the lower and the appellate courts.") (citing Brunner Enter., Inc., v. Dept. of Revenue, 452 So. 2d 550, 552 (Fla. 1984)). REVERSED. -2-

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