Waterblasting Technologies, Inc. v. Blasters, Inc.

Middle District of Florida, flmd-8:2017-cv-01451

ORDER granting {{20}} Motion to dismiss for lack of jurisdiction; dismissing case without prejudice. Signed by Judge James D. Whittemore on 11/17/2017. (AEN)

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PageID 302 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WATERBLASTING TECHNOLOGIES, INC ., Plaintiff, Case No: 8: 17 - cv - 1451 - T - 27MAP BLASTERS, INC ., Defendant. ORDER BEFORE THE COURT is Defendant Blasters, Inc. ' s Motion to Dismiss with Prejudice (Dkt. 20), which Plaintiff opposes (Dkt. 21) . Defendant moves to dismiss Plaintiff's amended complaint with prejudice for lack of subject matter jurisdiction. Plaintiff does not oppose dismissal, but rather contends that dismissal is without prejudice. A dismissal without prejudice " is appropriate for jurisdictional decisions. " Campbell v. Air Jamaica Ltd ., 760 F. 3d 1165, 1169 (11th Cir. 2014); see also Betty K Agencies, Ltd. v. M / V MONADA, 432 F. 3d 1333, 1341 (11th Cir. 2005) ("[ I ] f the district court actually lacked jurisdiction. . ., the court would have lacked the power to dismiss. . . with prejudice .") . Accordingly, the Motion (Dkt. 20) is GRANTED to the extent that this case is DISMISSED without prejudice for lack of subject matter jurisdiction. The Clerk is directed to CLOSE the file. DONE AND ORDERED this l _ day of November, 2017. JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of record