Hamptons at Metrowest Condominium Association, Inc. v. Park Avenue at Metrowest, Ltd. et al

Filing 30

ORDER adopting 22 REPORT AND RECOMMENDATIONS, remanding case to state court, directing Clerk to close file. Signed by Judge Gregory A. Presnell on 6/10/2013. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HAMPTONS AT METROWEST
CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
v.

Case No: 6:13-cv-608-Orl-31DAB

PARK AVENUE AT METROWEST, LTD.,
PARK AVENUE GP, LLC, PARK AVENUE
METROWEST, LLC, PARK AVENUE
TARRAGON, LLC, TARRAGON SOUTH
DEVELOPMENT CORP., TARRAGON
CORPORATION, EPOCH PROPERTIES, INC.,
EPOCH MANAGEMENT, INC., SUNVEST
RESORT COMMUNITIES, LLC, SUNVEST
COMMUNITIES, LLC, SUNVEST USA, LLC,
METROWEST DEVELOPMENT, LLC,
SUNVEST COMMUNITIES USA, LLC, LOUIS
BIRDMAN, ANTHONY C. MARTIN, HERBERT
HIRSCH, SUNVEST B.C. DEVELOPMENT,
LLC,
Defendants.

ORDER
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. 10-61582CV; 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 in Orlando, Florida on June 10, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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