Section 23 Property Owner's Association, Inc. v. Robinson et al

Filing 18

ORDERED: Defendant Albert Robinson's Motion for an Order to Mail the Certified Order Through the U.S.P.S. (Doc. 16) is DENIED. Signed by Judge Sheri Polster Chappell on 9/10/2021. (AEH)

Case 2:15-cv-00261-SPC-MRM Document 18 Filed 09/10/21 Page 1 of 3 PageID 183

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SECTION
23
PROPERTY
OWNER’S ASSOCIATION, INC.,
Plaintiff,
v.

Case No.: 2:15-cv-261-SPC-MRM

JANE B. ROBINSON, ALBERT
M. ROBINSON,
Defendants.

/
ORDER 1

Before the Court is Defendant Albert Robinson’s Motion for an Order to
Mail the Certified Order Through the U.S.P.S. (Doc. 16). He requests that the
Court order the Clerk to mail a certified copy of a 2015 remand order (Doc. 9)
to the state court clerk. The Court denies the Motion.
Section 23 Property Owners Association, Inc. sued in state court.
Robinson removed based on a federal question and diversity.

Yet the

Complaint lacked federal jurisdiction. Without subject-matter jurisdiction, the
Court remanded this action to state court. (Doc. 9). Robinson argues (similarly

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Case 2:15-cv-00261-SPC-MRM Document 18 Filed 09/10/21 Page 2 of 3 PageID 184

to the argument he made in his separate action: 2:15-cv-261) that this case was
never remanded to state court because the Clerk did not mail the remand order
to the state court clerk as required by 28 U.S.C. § 1447(c).
Robinson’s contention fails.

As the docket shows, the Clerk mailed

certified copies to the state court on May 12, 2015. Part of Robinson’s confusion
may be that CM/ECF does not show ministerial events like Clerk’s Office
mailings on the publicly viewable docket. But the full docket clearly states
that a certified copy was mailed to the Clerk of the Circuit Court of the
Twentieth

Judicial

Circuit

in

and

for

Charlotte

County,

Florida.

Correspondingly, the state-court docket reflects the receipt of the certified
remand order on May 14, 2015. 2 The Court was divested of jurisdiction by the
time the Clerk mailed the certified remand order. E.g., Shapiro v. Logistec
USA, Inc., 412 F.3d 307, 312 (2d Cir. 2005) (“Section 1447(d) establishes that
once a section 1447(c) remand order has been mailed to the state court
pursuant to the latter section, federal jurisdiction is at an end.”).
Accordingly, it is now
ORDERED:
Defendant Albert Robinson’s Motion for an Order to Mail the Certified
Order Through the U.S.P.S. (Doc. 16) is DENIED.

2

The state case is in Charlotte County, and its number is 14-601-CC.

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DONE and ORDERED in Fort Myers, Florida on September 10, 2021.

Copies: All Parties of Record

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