Board of County Commissioners of Dade County v. Eagle Family Discount Stores, Inc.

The Board of County Commissioners of Dade County (Dade County) filed a complaint seeking money damages from Eagle Family Discount Stores, Inc. (Eagle) for its negligence in stacking and arranging certain goods and products stored in a warehouse owned by Dade County and leased to Eagle. Dade County now appeals an order striking its complaint against Eagle as a sham as well as a final order dismissing its complaint with prejudice. As grounds for its motion to strike, Eagle alleged that in a prior declaratory action in Federal Court, Dade County had taken a position inconsistent with its…