HAMPTONS AT METROWEST CONDOMINIUM ASSOCIATION, INC. v. PARK AVENUE AT METROWEST, LTD., 6:13-cv-608-Orl-31DAB. (2013)
Court: District Court, M.D. Florida
Number: infdco20130611864
Visitors: 4
Filed: Jun. 10, 2013
Latest Update: Jun. 10, 2013
Summary: ORDER GREGORY A. PRESNELL, District Judge. On May 13, Magistrate Judge Baker entered a Report and Recommendation (Doc. 22), recommending that this matter be remanded back to state court due to a lack of subject matter jurisdiction. Plaintiff filed timely objections to the Report (Doc. 26). Upon de novo review of the above, the Court finds that the Plaintiff has failed to make a showing that the Court possesses subject matter jurisdiction over this dispute. It certainly appears from the record
Summary: ORDER GREGORY A. PRESNELL, District Judge. On May 13, Magistrate Judge Baker entered a Report and Recommendation (Doc. 22), recommending that this matter be remanded back to state court due to a lack of subject matter jurisdiction. Plaintiff filed timely objections to the Report (Doc. 26). Upon de novo review of the above, the Court finds that the Plaintiff has failed to make a showing that the Court possesses subject matter jurisdiction over this dispute. It certainly appears from the record t..
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ORDER
GREGORY A. PRESNELL, District Judge.
On May 13, Magistrate Judge Baker entered a Report and Recommendation (Doc. 22), recommending that this matter be remanded back to state court due to a lack of subject matter jurisdiction. Plaintiff filed timely objections to the Report (Doc. 26). Upon de novo review of the above, the Court finds that the Plaintiff has failed to make a showing that the Court possesses subject matter jurisdiction over this dispute. It certainly appears from the record that the Plaintiff and the Defendants have colluded to abuse Florida's prejudgment garnishment procedures. Such abuse, however, does not transform what is clearly an ancillary proceeding into an independent one that may be removed. See, e.g., Office Building, LLC v. CastleRock Sec., Inc., No. 10-61582-CV; 2011 WL 1674963, 3 (S.D. Fla. May 3, 2011).
It is, therefore
ORDERED that:
1. The Report and Recommendation of the Magistrate Judge is CONFIRMED AND ADOPTED;
2. This matter is REMANDED to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The Clerk is directed to close the file.
DONE and ORDERED.
Source: Leagle
