SECTION 23 PROPERTY OWNER'S ASSOCIATION, INC.
v.
ROBINSON
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied the defendant's motion to mail a certified copy of a remand order, finding the order had already been properly mailed and the court divested of jurisdiction.
The plaintiff sued in state court, and the defendant removed the case to federal court. The federal court found a lack of jurisdiction and remanded th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 28 U.S.C. § 1447(D) cases and more on FLexlaw
Defendants. /
ORDER1
Before the Court is Defendant Albert Robinson’s Motion for an Order to Mail the Certified Order Through the U.S.P.S. (Doc. 16). He requests that the Court order the Clerk to mail a certified copy of a 2015 remand order (Doc. 9) to the state court clerk. The Court denies the Motion. Section 23 Property Owners Association, Inc. sued in state court. Robinson removed based on a federal question and diversity. Yet the Complaint lacked federal jurisdiction. Without subject-matter jurisdiction, the Court remanded this action to state court. (Doc. 9). Robinson argues (similarly
to the state court clerk as required by 28 U.S.C. § 1447(c). Robinson’s contention fails. As the docket shows, the Clerk mailed certified copies to the state court on May 12, 2015. Part of Robinson’s confusion may be that CM/ECF does not show ministerial events like Clerk’s Office
mailings on the publicly viewable docket. But the full docket clearly states that a certified copy was mailed to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida. Correspondingly, the state-court docket reflects the receipt of the certified
remand order on May 14, 2015.2 The Court was divested of jurisdiction by the time the Clerk mailed the certified remand order. E.g., Shapiro v. Logistec USA, Inc., 412 F. 3d 307, 312 (2d Cir. 2005) (“Section 1447(d) establishes that once a section 1447(c) remand order has been mailed to the state court
pursuant to the latter section, federal jurisdiction is at an end.”). Accordingly, it is now ORDERED: Defendant Albert Robinson’s Motion for an Order to Mail the Certified
Order Through the U.S.P.S. (Doc. 16) is DENIED.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record