ERIC RUSSELL LEWIS AND MARY LOUGHRAN LEWIS, HIS WIFE, APPELLANTS,
v.
JAMES C. EDWARDS, THE SEMINOLE TRIBE OF FLORIDA, THE SEMINOLE DEPARTMENT OF LAW ENFORCEMENT, ROBERT EPSTEIN, TRADERS GENERAL INSURANCE COMPANY, A FOREIGN INSURANCE COMPANY, AND CANADIAN GENERAL INSURANCE COMPANY, A FOREIGN INSURANCE COMPANY, APPELLEES
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PER CURIAM.
We consolidate these appeals for the purpose of this opinion. The final orders of dismissal are reversed, as to all Appellees, as the complaint, on its face, states a cause of action for injuries arising out of an accident. Questions of sovereign immunity and whether, and to what extent, sovereign immunity, as alleged, has been waived, as well as questions regarding the legal status of the department and the legal relationship between the department, the tribal corporate entity, and the Seminole Tribe should be addressed by answer and affirmative defenses and resolved by facts established on this record, rather than by incorporating facts or statements in other cases involving these or similar entities.
We remand for further proceedings.
STONE and SHAHOOD, JJ., and SORONDO, RODOLFO, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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City OF Gainesville v. State, 778 So. 2d 519 (Fla. 1st DCA 2001)…ative defense of sovereign immunity”); Mancher v. Seminole Tribe, 708 So. 2d 327, 329 (Fla. 4th DCA 1998) ("The issue of whether sovereign immunity bars a complaint should likewise be addressed ‘by answer and affirmative defenses.’ Lewis v. Edwards, 661 So. 2d 1237, 1237 (Fla. 4th DCA 1995).”).…
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Mancher v. Seminole Tribe OF Fla., Inc., 708 So. 2d 327 (Fla. 4th DCA 1998)…the four comers of the complaint. See Holland v. Anheuser Busch, Inc., 643 So. 2d 621 (Fla. 2d DCA 1994). The issue of whether sovereign immunity bars a complaint should likewise be addressed “by answer and affirmative defenses.” Lewis v. Edwards, 661 So. 2d 1237, 1237 (Fla. 4th DCA 1995). In fact, in Houghtaling, 611 So. 2d at 1237-40, the Florida Supreme Court approved the dismissal of a suit against a tribal entity, but remanded to allow the plaintiff to establish whether the tribe had expressly consented…