Eleventh Circuit Holds Hollywood Mobile Estates May Seek Injunctive Relief against Seminole Tribe…

…reversing the district court below. Here is the unpublished opinion (thanks to R.S.): 11th Circuit decision.

The trial court now has ordered a briefing schedule to determine whether Hollywood Mobile Estates is entitled to an order restoring its lease and ordering the Tribe to allow them to re-enter its lands. Here: Omnibus Order

Appellate briefs are here.

Tribal Brief in Hollywood Mobile Estates v. Cypress 11th Circuit Appeal

Here: Appellee Brief.

The remainder of the briefs and lower court materials are here.

Hollywood Mobile Estates v. Seminole Tribe — Sovereign Immunity

In Hollywood Mobile Estates v. Seminole Tribe, the Florida Southern District Court refused to grant an emergency motion for a preliminary injunction against the tribe. The court reasoned it is unlikely that the plaintiff will succeed in its claims against the tribe because the tribe has raised sovereign immunity as a defense. The underlying dispute is over a lease.

dct-order-denying-motion-for-prelim-injunction

hollywood-motion-for-prelim-injunction

seminole-opposition-to-motion

hollywood-reply

And here is the still pending motion to dismiss — seminole-motion-to-dismiss