University of Miami urges Arkansas court to dismiss ASU's suit over football game

The University of Miami filed a motion Tuesday for Craighead County court to dismiss Arkansas State University's lawsuit against Miami in favor of its own lawsuit, which was filed in Miami-Dade County.

Both universities filed lawsuits over a dispute regarding their canceled football game Sept. 9, 2017, due to Hurricane Irma.

Miami filed for "declaratory relief" Feb. 13, and ASU sued for "breach of contract" Feb. 16.

Miami's most recent motion stated that according to Section 16-4-101 of the Arkansas Code, "a court may dismiss an action where it finds that the matter should be heard in another forum in the interests of substantial justice."

Since the case is about whether the cancellation was appropriate based on the storm's anticipated landfall in south Florida, the document states, it should be decided in Florida.

[DOCUMENT: Read the University of Miami's latest motion]

The university also argued that witnesses and any documents they might have are in south Florida.

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The motion states that on Feb. 13, Miami's general counsel sent a courtesy copy of its "declaratory relief" action to ASU's general counsel, asking if the school needed to formally serve the action to Jonesboro.

According to the document, ASU filed its own lawsuit instead of responding.

Read Friday's Arkansas Democrat-Gazette for full details.

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