ANJENIE BELLO
v.
SEMINOLE TRIBE OF FLORIDA, D/B/A SEMINOLE INDIAN CASINO- COCONUT CREEK
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Anjenie Bello sued the Seminole Tribe of Florida for injuries sustained in a casino altercation. The trial court dismissed her refiled lawsuit, finding sovereign immunity was not waived because she had initially filed prematurely under the 2010 Gaming Compact. The appellate court reversed, applying controlling precedent from Seminole Tribe of Florida v. Pupo.
The trial court erred in dismissing Bello's refiled lawsuit. Based on controlling precedent in Seminole Tribe of Florida v. Pupo, the Tribe did not retain sovereign immunity, and the plaintiff was not forever barred from pursuing her claim despite the initial premature filing.
[1] A tribal casino operator does not waive sovereign immunity by agreeing to a gaming compact that allows for tort claims, but requires specific procedural steps before fili…
[2] A plaintiff who prematurely files a lawsuit under a gaming compact, but later refiles after satisfying the compact's waiting period, is not forever barred from bringing t…
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Join FLexlaw to unlock all legal intelligence“The parties agree that the appellant: timely submitted the tort claim form required under the 2010 Gaming Compact ("Compact"); voluntarily dismissed her lawsuit, which was brought prematurely under the terms of the Compact; and refiled her suit after the one-year waiting period under the Compact had passed.”
Establishes the undisputed procedural posture and the plaintiff's compliance with Compact requirements
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Join FLexlaw to unlock all legal intelligenceAnjenie Bello was injured during an altercation with another patron at a casino operated by the Seminole Tribe of Florida. She timely submitted a tort…
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PER CURIAM.
The lawsuit underlying this appeal arises out of injuries which the appellant, Anjenie Bello, allegedly received during an altercation with a fellow patron at a casino operated by the appellee, Seminole Tribe of Florida d/b/a Seminole Indian Casino-Coconut Creek (“the Tribe”). The parties agree that the appellant: timely submitted the tort claim form required under the 2010 Gaming Compact (“Compact”); voluntarily dismissed her lawsuit, which was brought prematurely under the terms of the Compact; and refiled her suit after the one-year waiting period under the Compact had passed. The Tribe moved to dismiss the refiled lawsuit, asserting that it did not waive sovereign immunity, and arguing that where the suit was initially filed prematurely, the appellant was “forever barred” from bringing her claim. The trial court granted dismissal with prejudice.
After this appeal commenced, we issued Seminole Tribe of Florida v. Pupo, 384 So. 3d 187 (Fla. 4th DCA 2023), which controls. Based on Pupo, the trial court erred in dismissing Bello’s suit. We accept the Tribe’s confession of error and reverse the dismissal.
Reversed and remanded for further proceedings. MAY, DAMOORGIAN and CIKLIN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Anjenie Bello v. Seminole Tribe of Florida, 384 So. 3d 187 (Fla. 4th DCA 2025)…that where the suit was initially filed prematurely, the appellant was “forever barred” from bringing her claim. The trial court granted dismissal with prejudice. 2 After this appeal commenced, we issued Seminole Tribe of Florida v. Pupo, 384 So. 3d 187 (Fla. 4th DCA 2023), which controls. Based on Pupo, the trial court erred in dismissing Bello’s suit. We accept the Tribe’s confession of error and reverse the dismissal. Reversed and remanded for further proceedings. MAY, DAMOORGIAN and…
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Seminole Tribe of Florida v. Gauvey (Fla. 2d DCA 2025)…PER CURIAM. Affirmed. See Seminole Tribe of Florida v. Pupo, 384 So. 3d 187 (Fla. 4th DCA 2023), review denied, No. SC2024-0548, 2024 WL 4512229 (Fla. Oct. 17, 2024). KELLY, LUCAS, and SMITH, JJ., Concur. - 2 - Opinion subject to revision prior to official publication.…
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- Anjenie Bello v. Seminole Tribe of Florida, 384 So. 3d 187 (Fla. 4th DCA 2025)