William Brownsberger, Andrew Smillie vs Nextera Energy, Inc., Nextera Energy Resources, LLC, et al

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 5, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-10836
Non-Argument Calendar
________________________
D.C. Docket No. 9:10-cv-81021-DTKH
WILLIAM BROWNSBERGER,
ANDREW SMILLIE,
llllllllllllllllllllllllllllllllllllllll Plaintiffs - Appellants,
versus
NEXTERA ENERGY, INC.,
NEXTERA ENERGY RESOURCES, LLC,
GEXA ENERGY, LP,
GEXA ENERGY HOLDINGS, LLC,
GEXA ENERGY, GP, LLC,
llllllllllllllllllllllllllllllllllllllll Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 5, 2011)
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges.
PERCURIAM:

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The plaintiffs appeal the January 19, 2011 order of the district court
dismissing without prejudice defendant Gexa Texas for lack of personal
jurisdiction, and, in the exercise of the discretion afforded the court under 28
U.S.C. § 1406(a), declining to transfer the case against the remaining defendants
to the Northern District of Texas. Instead, as § 1406(a) provides, the court
dismissed plaintiffs’ claims against those defendants without prejudice to their
right to refile the claims in an appropriate forum.
We find no error in the district court’s determination that it lacked personal
jurisdiction over the claims against Gexa Texas and no abuse of discretion in the
court’s decision to dismiss the claims against the remaining defendants under §
1406(a).
AFFIRMED.
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