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PEEBLES v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED

No. 04-16304.

431 F.3d 1320 (2005)

Don PEEBLES, Plaintiff-Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 12, 2005.

Attorney(s) appearing for the Case

Cristina M. Martinez-Padilla, Steven Reininger, Rasco, Reininger, Perez & Esquenazi, P.L., Coral Gables, FL, for Peeples.

Neil S. Baritz, Baritz & Colman, LLP, Boca Raton, FL, for Defendant-Appellee.

Before TJOFLAT and BARKETT, Circuit Judges, and FULLER, Chief District Judge.

FULLER, Chief District Judge:

Plaintiff-appellant Don Peebles ("Peebles") sought to vacate a zero dollar arbitration award by filing a Petition to Vacate Arbitration Award in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. Contending that 28 U.S.C. § 1332(a) provided a basis for federal subject matter jurisdiction, Defendant-appellee Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch") removed the...

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