Select Export Corp. v. Jack Richeson & Co., Trident Industria De Precisao Ltd., Jerry's Artarama N.c.,…

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

SELECT EXPORT CORP.,
Plaintiff-Appellant,
V.
JACK RICHESON & CO., TRIDENT INDUSTRIA DE
PRECISAO LTD., JERRY'S ARTARAMA N.C., INC.,
UTRECHT MANUFACTURING CORP., AND DAVID
SCHWARTZ,
Defendants-Appellees.

2012-1122

Appeal from the United States District Court for the
Southern District of Florida in case no. 10-CV-80526,
Judge William P. Dimitrouleas.

ON MOTION

Before BRYSON, MAYER, and LINN, Circuit Judges.
BRYSON, Circuit Judge.

ORDER

Jack Richeson & Co. et al. (Richeson) move to dismiss
Select Export Corp.'s appeal. Select opposes and moves to

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transfer the appeal to the United States Court of Appeals
for the Eleventh Circuit.

Select's appeal arises out of its complaint brought in
the United States District Court for the Southern District
of Florida, charging Richeson with trademark infringe-
ment, false advertising under the Lanham Act, trademark
dilution, defamation, and tortuous interference with
contract.

This is a court of limited jurisdiction. 28 U.S.C. §
1295. Without a cause of action arising under the patent
laws, this court is without jurisdiction to hear the state
law and Lanham Act causes of action raised in Select's
complaint.

Richeson contends that the appeal should be dis-
missed because Select waived its right to appeal by stipu-
lating to a settlement of the case before the district court.
Select argued below it did not in fact stipulate to settle-
ment and informs the court in its motion to transfer that
it intends to appeal that issue. Under the circumstances,
we deem it the better course to transfer the appeal along
with the motion to dismiss to the Eleventh Circuit.

Accordingly,

IT IS ORDERED THAT:

Select's motion to transfer is granted. The appeal and
Richeson's motion to dismiss are transferred pursuant to
28 U.S.C. § 1631 to the United States Court of Appeals for
the Eleventh Circuit.

FOR THE COURT

APR 0 2 2012

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 02 2012
JAN HORBALY
CLERK

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3
cc: Michael Winer, Esq.
Bernardo Burstein, Esq.
$19

Issued As A Mandate:

APR 02 2012