BCC APARTMENTS, LTD. v. BROWNING

No. 97-665-CIV.

994 F.Supp. 1440 (1997)

BCC APARTMENTS, LTD., Plaintiff/Counter-Defendant, v. Lena BROWNING, Defendant/Counter-Plaintiff.

United States District Court, S.D. Florida.

August 19, 1997.


Attorney(s) appearing for the Case

Steven Elliott Brooks, Sakowitz & Brooks, Bay Harbor Islands, FL, Harvey Reisenman, Miami, Fl, for Plaintiff.

Randall C. Berg, Jr., Florida Justice Institute, Inc., Mary A. Webster, Legal Services of Greater Miami, Miami, FL, for Defendant.


ORDER GRANTING REMAND

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the court upon Plaintiff's Motion to Remand Action to State Court (D.E.5). Plaintiff argues that defendant cannot remove the action based on its counterclaim and that even if the counter-claim provides a federal jurisdictional basis, the notice of removal is untimely. Plaintiff moves to remand the action, which motion defendant opposes. The Court has carefully considered...

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