Hamptons at Metrowest Condominium Association, Inc. v. Nationwide Property and Casualty Insurance Company et al

Filing 32

ORDER adopting and confirming 27 REPORT AND RECOMMENDATION granting 23 MOTION to remand to State Court filed by Hamptons at Metrowest Condominium Association, Inc.. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, Case No. 48-2008-CA-008235-O. The Clerk is directed to CLOSE this case. Signed by Judge Anne C. Conway on 8/23/2015. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
In re:
HAMPTONS AT METROWEST
CONDOMINIUM ASSOCIATION, INC.,
Garnishor,
v.

Case No: 6:15-cv-753-Orl-22DAB

NATIONWIDE PROPERTY AND
CASUALTY INSURANCE COMPANY and
NATIONWIDE MUTUAL INSURANCE
COMPANY,
Garnishee.
/
ORDER
This cause is before the Court on Garnishor Hamptons at Metrowest Condominium
Association, Inc.’s (“Hamptons”) Motion to Remand to State Court, filed on June 11, 2015.
(Doc. No. 23). Garnishee Nationwide Property and Casualty Insurance Company (“Nationwide”)
filed a response in opposition. (Doc. No. 26).
On July 17, 2015, the United States Magistrate Judge submitted a report recommending
that this case be remanded back to state court as untimely removed under 18 U.S.C. § 1446.
(Doc. No. 27).
After an independent de novo review of the record in this matter, including the objections
filed by the Nationwide, (Doc. No. 28), and Hamptons’ response thereto, (Doc. No. 30), the
Court agrees entirely with the findings of fact and conclusions of law in the Report and
Recommendation.

This action has the same issues previously addressed by Magistrate Judge David Baker in
Case No. 6:15-cv-700-Orl-41DAB, (Doc. Nos. 39, 40). Here, the arguments raised by
Nationwide in response to the Magistrate Judge’s report are not persuasive; Judge Baker
thoroughly analyzed the relevant arguments and law, and properly concluded that the initial
pleading setting forth the claim for relief upon which this action is based is the writ of
garnishment itself. The Court agrees with the well-reasoned and thorough analysis of Magistrate
Judge Baker when he addressed the arguments presented. Because Nationwide was served with
the writ on March 9, 2015, but did not file its Notice of Removal until some sixty-four (64) days
later, on May 12, 2015, (see Doc. No. 1), removal of this case was improper under 28 U.S.C. §
1446. See Univ. of S. Alabama v. Am. Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999). (“[A]ll
doubts about jurisdiction should be resolved in favor of remand to state court.”).
Therefore, based on the foregoing, it is ORDERED as follows:
1. Magistrate Judge Baker’s Report and Recommendation filed July 17, 2015
(Doc. No. 27), is ADOPTED and CONFIRMED and made a part of this
Order.
2. Garnishee Nationwide Property and Casualty Insurance Company Written
Objections to the Report and Recommendation, filed on July 29, 2015 (Doc.
No. 28), are OVERRULED.
3. Garnishor Hamptons at Metrowest Condominium Association, Inc.’s Motion
to Remand to State Court, filed on June 11, 2015. (Doc. No. 23), is
GRANTED.
4. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit in
and for Orange County, Florida, Case No. 48-2008-CA-008235-O.

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5. The Clerk is directed to CLOSE this case.
DONE and ORDERED in Orlando, Florida on August 23, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties
Clerk of Court for Florida’s Ninth Judicial Circuit in and for Orange County, Florida

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