JOSEPH CUPO v. SEMINOLE TRIBE OF FLORIDA, a Federally Recognized Indian Tribe
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSEPH CUPO, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D02-3048 SEMINOLE TRIBE OF FLORIDA, a federally recognized Indian tribe, Appellee. _____________________________/ Opinion filed December 11, 2003. An appeal from an order of the Judge of Compensation Claims. Judith A. Brechner, Judge. Joseph Hackney, Jr., of Joseph Hackney, Jr., P.A., Miami, for Appellant. Donald A. Orlovsky of Kamen & Orlovsky, P.A., West Palm Beach, and Leopoldo Garcia, Jr., of Angones, Hunter, McClure, Lynch & Williams, P.A., Miami, for Appellee. PER CURIAM. In this workers compensation appeal, claimant, James Cupo, filed a petition for benefits asserting that he was injured during the course and scope of his employment with the employer, the Seminole Tribe of Florida. The judge of compensation claims dismissed the petition based upon lack of subject-matter jurisdiction over the Tribe. Cupo contends that the ruling violated his right to contract under Article I, Section 10, of the United States Constitution. We affirm, because Cupo failed to show a clear, express and unmistakable waiver of sovereign immunity by the Tribe, or any Act of Congress abrogating the Tribe s sovereign immunity. See Houghtaling v. Seminole Tribe of Fla., 611 So. 2d 1235 (Fla. 1993). See also Middletown Rancheria of Pomo Indians v. Workers Comp. App. Bd., 71 Cal. Rptr. 2d 105 (Cal. Ct. App. 1998). AFFIRMED. WOLF, C.J., ERVIN and PADOVANO, JJ., CONCUR.
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