SAMI 2004-AR5, BANK OF NEW YORK v. YANCHEK

Full title: SAMI 2004-AR5, BANK OF NEW YORK, as successor interest to Chase Bank, N.A…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Dec 17, 2007

Case No. 8:07-cv-1853-T-30TBM (M.D. Fla. Dec. 17, 2007)

Opinion

Case No. 8:07-cv-1853-T-30TBM.

December 17, 2007

ORDER

JAMES MOODY JR., District Judge

THIS CAUSE comes before the Court upon Plaintiff's Motion for Remand (Dkt. #5). The Court, having considered the motion, and being otherwise advised in the premises, concludes that Plaintiff's Motion should be granted.

On October 11, 2007, a pro se Notice of Removal was filed by a non-party, Sarah K. Lovejoy ("Lovejoy") relating to a mortgage foreclosure action filed in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida (the "state court action"). On July 12, 2007, a Summary Final Judgment was entered in the state court action against Defendants, and a Notice of Sale was issued on August 7, 2007.

In the Notice of Removal filed herein, Lovejoy does not provide any legal authority in support of removal. Lovejoy is not a party to the state court action. Further, none of the named defendants in the state court action have consented to removal. The Notice of Removal fails to establish federal subject matter jurisdiction or comply with federal procedural rules. Accordingly, the Court finds that the Notice of Removal is improper and this case should be remanded.

The Court is authorized to award Plaintiff attorney's fees and costs for Lovejoy's improper removal. See 28 U.S.C. § 1447(c);Liebig v. DeJoy, 814 F.Supp. 1074 (M.D. Fla. 1993) (awarding fees for improper notice of removal failing to demonstrate subject matter jurisdiction). The Court concludes that Plaintiff is entitled to attorney's fees and costs in the amount of $1,000.

It is therefore ORDERED AND ADJUDGED that:

1. Plaintiff's Motion for Remand (Dkt. #5) is GRANTED.

2. The Clerk is directed to TRANSFER this case to the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida.

3. The Clerk is directed to enter a JUDGMENT FOR ATTORNEY'S FEES in the amount of $1,000.00 against Non-party, Sarah K. Lovejoy, and in favor of Plaintiff, SAMI 2004-AR5, Bank of New York As Successor In Interest to Chase Bank, N.A. As Trustee.

4. The Clerk is directed to CLOSE this case and terminate any pending motions.

DONE and ORDERED in Tampa, Florida.