You're viewing Docket Item 33 from the case Hamptons at Metrowest Condominium Association, Inc. v. Mt. Hawley Insurance Company. View the full docket and case details.

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Case 6:13-cv-00806-CEH-TBS Document 33 Filed 09/10/13 Page 1 of 2 PageID 251

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

Plaintiff,


HAMPTONS AT METROWEST
CONDOMINIUM ASSOCATION, INC.,



v.

MT. HAWLEY INSURANCE COMPANY,





Defendant.

Case No: 6:13-cv-806-Orl-36TBS



ORDER

This cause comes before the Court on the Report and Recommendation of Magistrate

Judge Thomas B. Smith (Doc. 32). In the Report and Recommendation, Magistrate Judge Smith

recommends

that Plaintiff Hamptons at Metrowest Condominium Association, Inc.’s

(“Plaintiff”) Motion to Remand (“Motion to Remand”) (Doc. 25) be granted and that the case be

remanded to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida.

See Doc. 32. Neither party has objected to the Report and Recommendation and the time to do

so has expired.

The Court is in agreement with the Magistrate Judge that Defendant Mt. Hawley

Insurance Company’s removal of this action was improper and the case must be remanded

because the Court does not have subject matter jurisdiction over the prejudgment garnishment

proceeding, which is ancillary to a pending state court action. See id.; Hamptons at Metrowest

Condo. Ass’n, Inc. v. Nationwide Prop. and Cas. Ins. Co., No. 6:13-cv-830, Doc. 25 (M.D. Fla.

June 26, 2013), report and recommendation adopted by No. 6:13-cv-830, Doc. 28 (M.D. Fla.

July 31, 2013); Hamptons at Metrowest Condo. Ass’n, Inc. v. Park Ave. at Metrowest, Ltd., No.

Case 6:13-cv-00806-CEH-TBS Document 33 Filed 09/10/13 Page 2 of 2 PageID 252

6:13-cv-608, Doc. 22 (M.D. Fla. May 10, 2013), report and recommendation adopted by 2013

WL 2477236 (M.D. Fla. June 10, 2013). Therefore, after careful consideration of the Report and

Recommendation of the Magistrate Judge, in conjunction with an independent examination of

the court file, the Court is of the opinion that the Magistrate Judge’s Report and

Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:

1.

The Report and Recommendation of the Magistrate Judge (Doc. 32) is adopted,

confirmed, and approved in all respects and is made a part of this Order for all

2.

3.

purposes, including appellate review.

Plaintiff’s Motion to Remand (Doc. 25) is GRANTED.

This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit in

and for Orange County, Florida.

4.

The Clerk is directed to transmit a certified copy of this Order to the Clerk of the

Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. The

Clerk is further directed to CLOSE this case and terminate all previously

scheduled deadlines.

DONE and ORDERED in Orlando, Florida on September 10, 2013.




Copies furnished to:

Counsel of Record
Unrepresented Parties
United States Magistrate Judge Thomas B. Smith



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