Miguel Place Apartments, LTD. v. Fish

Filing 5

ORDER that the petition for removal be denied. It is further ordered that this cause be remanded to the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida. The Clerk of the Court shall forward a certified copy of this order to that court. Signed by Judge Elizabeth A. Kovachevich on 1/26/2015. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MIGUEL PLACE APARTMENTS, LTD.,
Plaintiff,

vs.

CASE NO. 8:15-CV120-T-EAK-EAJ

TERRY L. FISH,
Defendant.
/

ORDER OF REMAND

This cause is before the Court on the petition for removal. This Court finds the petition
to be untimely and remands this cause to the state court.

Pursuant to 28 U.S.C. § 1446(b): "[T]he notice of removal of a civil action or
proceedings shall be filed within thirty (30) days after the receipt, by the Defendant, through
service or otherwise, of a copy of the initial pleading setting forth the claim or relief upon which
action or proceeding is based, or within thirty days after the service of summons upon the
Defendant if such initial pleading has been filed in court and is not required to be served on the
Defendant, whichever period is shorter."

Accordingly, more than thirty days transpired between the date removal may have
become appropriate in this case and the instant filing of the petition for removal, reflecting noncompliance with the requirements of 28 U.S.C. s1446(b). In fact, more than a year has
transpired.

While the time requirements imposed by the removal statute are not jurisdictional, they
are rules of procedure which are to be strictly construed. The time limitations are considered
mandatory and may not be enlarged by the court. Coupled with the mandatory nature of the time
limitations, is the fact that the removal statute, and compliance therewith, must be strictly
construed in favor of state court jurisdiction. Accordingly, it is

ORDERED that the petition for removal be denied. It is further ordered that this cause
be remanded to the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida.
The Clerk of the Court shall forward a certified copy of this order to that court.

DONE and ORDERED in Chambers, in Tampa, Florida, this 26th day of January, 2015.

Copies to:
All parties and counsel of record