DAMIANA PEREZ, PLAINTIFF-APPELLEE,
v.
GLOBE AIRPORT SECURITY SERVICE, INC., DEFENDANT-APPELLANT

11th Cir. | 2002-03-22
No. 00-13489
Before TJOFLAT and DUBINA, Circuit Judges, and SHAPIRO, District Judge.
294 F.3d 1275 Court of Appeals for the Eleventh Circuit (2002) Negative Treatment
Cited by 10 cases
Opinion of the Court
BY THE COURT:

BY THE COURT: The parties’ “Stipulation of Dismissal,” construed as a joint motion to dismiss this appeal with prejudice, is GRANTED. Appellee’s motion for appellate attorneys’ fees is DENIED AS MOOT. On its own motion, the Court VACATES its opinion issued on June 12, 2001. See Flagship Marine Services Inc. v. Belcher Towing Co., 23 F. 3d 341, 342 (1994).

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  • Hochbaum v. Palm Garden OF Winter Haven, LLC, 201 So. 3d 218 (Fla. 2d DCA 2016)
    …ision was based on a federal decision that was no longer in force because the federal court vacated the decision on a joint motion for dismissal, referring to Perez v. Globe Airport Security Services, Inc., 253 F. 3d 1280 (11th Cir.2001), vacated by 294 F. 3d 1275 (11th Cir.2002). 855 So. 2d at 1216. However, this court in Hernandez v. Colonial Grocers, Inc., 124 So. 3d 408, 410 (Fla. 2d DCA 2013), rejected the argument that the fate of the Perez decision affected the holding of Flyer Printing Co. The Hernand…
  • Hernandez v. Colonial Grocers, Inc., 124 So. 3d 408 (Fla. 2d DCA 2013)
    …s are illegal. And it is true that the Eleventh Circuit has since vacated its opinion in Perez, but it did so based on a stipulation of dismissal entered into by the parties prior to the mandate issuing. See Perez v. Globe Airport Sec. Servs., Inc., 294 F. 3d 1275, 1276 (11th Cir.2002). Furthermore, this court’s reliance on Perez in Flyer Printing was for the proposition that “ ‘[t]he [United States Supreme] Court’s decision in Green Tree [Financial Corp.-Alabama v. Randolph, 531 U.S. 79, 91, 121 S.Ct. 513,…
  • Jonah P. Anders v. Hometown Mortg. Servs., Inc., 346 F.3d 1024 (11th Cir. 2003)
    …was therefore a gateway issue to be decided by the court and not the arbitrator. . Anders' additional reliance upon Perez v. Globe Airport Sec. Servs., 253 F. 3d 1280 (11th Cir.2001), is misplaced, because we have vacated our decision in that case. 294 F. 3d 1275 (11th Cir.2002), and a vacated decision has no effect whatsoever, United States v. Sigma Int’l, 300 F. 3d 1278, 1280 (11th Cir.2002). . The opinions in Paladino are presented in a confusing way. Chief Judge Hatchett's opinion is presented first, but…

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