NAJIY V. CITY OF MIAMI

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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 JANUARY TERM, A.D., 2004 ANITA NAJIY, et al., Appellants, ** ** vs. ** CASE NO. 3D03-2196 CITY OF MIAMI, ** LOWER TRIBUNAL NO. 03-459 Appellee. ** Opinion filed March 3, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Donna M. Ballman (Fort Lauderdale), for appellants. Alejandro Vilarello, City Attorney, Assistant City Attorney, for appellee. and Mimi V. Turin, Before GERSTEN, RAMIREZ, and SHEPHERD, JJ. PER CURIAM. We affirm the trial court s order of dismissal. See Wade v. Clower, 114 So. 548 (Fla. 1927); Paino v. Great West Life Assur. Co., 622 So. 2d 632 (Fla. 3d DCA 1993). prejudice and is contingent on the The dismissal is without Federal Court accepting jurisdiction over the matter. If the Federal Court finds that it does not have jurisdiction over this matter, the parties are free to refile this lawsuit in state court. 2 Affirmed as modified.

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