Preston v. Public Storage, Inc. et al

Filing 25

ORDER denying 22 Motion for Reconsideration re 17 Order dismissing case. Signed by Judge Elizabeth A. Kovachevich on 4/1/2013. (JM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ANNE PRESTON,
Plaintiff,

v.

CASE NO. 8:12-CV-2288-T-17TGW

PUBLIC STORAGE, INC.,
etal.,
Defendants.

ORDER

This cause is before the Court on:

Dkt. 19

Motion for Reconsideration

Dkt. 21

Response

Dkt. 22

Amended Motion for Reconsideration

Dkt. 23

Opposition

Plaintiff Anne Preston, pro se, moves for reconsideration of the Court's Order

(Dkt. 17) dismissing Case No. 8:11-CV-2287-T-17MAP and Case No. 8:12-CV-2288-T17TGW without prejudice for lack of subject matter jurisdiction, under the RookerFeldman doctrine.

Defendants oppose Plaintiffs Motions.

I. Standard of Review

The decision to grant a motion for reconsideration is within the sound discretion

of the trial court and will only be granted to correct an abuse of discretion. Region 8

Case No. 8:12-CV-2288-T-17TGW

Forest Serv. Timber Purchases Council v. Alcock, 993 F.2d 800, 806 (11th Cir. 1993).
There are three bases for reconsidering an order:" (1) an intervening change in

controlling law; (2) availability of new evidence; and (3) the need to correct clear error or
prevent manifest injustice. Sussman v. Salem. Saxon & Nielsen, P.A.. 153 F.R.D. 689,
694 (M.D. Fla. 1994). See also Lamar Adver. of Mobile. Inc. v. City of Lakeland. 189
F.R.D. 480, 489 (M.D. Fla. 1999).

Furthermore, a motion for reconsideration does not provide an opportunity to

simply reargue, or argue for the first time, an issue the Court has once determined.
Court opinions are "not intended as mere first drafts, subject to revision and
reconsideration at a litigant's pleasure." Quaker Alloy Casting Co. v. Gulfco Indus.. Inc.,
123 F.R.D. 282, 288 (N.D. III. 1988). The reconsideration of a previous order is an

"extraordinary remedy"' and "must set forth facts or law of a strongly convincing nature
to induce the court to reverse its prior decision." Ludwig v. Liberty Mutual Fire Ins. Co..
2005 WL 1053691 (citing Lamar. 189 F.R.D. at 489 (M.D. Fla. 1999)).

II. Discussion

The Court understands that Plaintiff Preston disagrees with the decisions of the
trial court, the Second District Court of Appeals and the Florida Supreme Court.

Plaintiff Preston argues that Defendants misled the trial court, and has referred to
adverse decisions of the trial court and the conduct of Defendants' counsel before the

trial court to show that Plaintiff was denied due process before the trial court.

When a complaining party files a lawsuit, there is always the risk that the

complaining party will lose.

Direct participation in a lawsuit by self-representation

means that the complaining party has the opportunity to raise objections to whatever

conduct the complaining party finds objectionable to the presiding judicial officer of that

Case No. 8:12-CV-2288-T-17TGW

case. If the complaining party loses the lawsuit, and the loss is due to alleged errors

by the trial court, or to impermissible conduct by counsel for the defending party, the
complaining party has the opportunity to appeal adverse rulings and raise any other
issue before the appellate court, which in this case is the Second District Court of
Appeals.

However, the complaining party may not redraw the same claims under

federal law rather than state law, cast the claims as constitutional violations, and then

relitigate the same claims in federal court after losing in state court. The RookerFeldman doctrine does not permit this, and for that reason the Court dismissed
Plaintiffs' cases without prejudice.

The Court has examined Plaintiff's Motions, and, after consideration, denies the

Motion for Reconsideration and Amended Motion for Reconsideration. Accordingly, it is

ORDERED that the Motion for Reconsideration (Dkt. 19) and Amended Motion
for Reconsideration (Dkt. 22) are denied.

DONE and ORDERED in Chambers, in Tampa, Florida on this

/gday of April, 2013.

Copies to:

All parties and counsel of record