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America II Electronics LLC
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Order | Filed: August 03, 2020 | Entered: August 03, 2020 America II Electronics, Llc v. O'Brien et al
Contract: Other | Florida Middle
Order on Motion to Remand to State Court
ENDORSED ORDER granting 5 Motion to Remand to State Court due to Lack of Subject Matter Jurisdiction. Signed by Judge William F. Jung on 8/3/2020. The Motion is unopposed because no response was filed pursuant to Local Rule 3.01(b). The removing party has not established amount in controversy; thus no subject matter jurisdiction properly exists. South Florida Wellness, Inc. v. Allstate Ins. Co., 745 F.3d 1312, 1316 (11th Cir. 2004). The unopposed motion properly notes that the main gravamen of the complaint seeks relief for a restrictive covenant. Market value of that equitable remedy is not well susceptible to certainty. Weiner v. Tootsie Roll Indus., 412 Fed. App'x 224, 227 (11th Cir. 2011). The unopposed motion shows that the Court must speculate as to the amount in controversy - thus remand is appropriate. (Jung, William) Modified on 8/3/2020 (Jung, William).
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Notice | Filed: July 31, 2020 | Entered: July 31, 2020 America II Electronics, Llc v. O'Brien et al
Contract: Other | Florida Middle
NOTICE of filing supplemental authority
NOTICE of supplemental authority re 5 MOTION to Remand to State Court by America II Electronics, LLC. (Attachments: # 1 Exhibit Supplemental Authority)(Holden, West)
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Order | Filed: July 29, 2020 America II Electronics, LLC v. Hayes et al
Contract: Other | Florida Middle
Order
ORDERED: Plaintiff's Motion to Remand 6 is GRANTED. This case is REMANDED to the Circuit Court for the Sixth Judicial Circuit, in and for Pinellas County, Florida. The Clerk is directed to send a certified copy of this Order to the Clerk of Court for the Sixth Judicial Circuit, in and for Pinellas County, Florida. The Clerk is further directed to terminate all pending motions and close this case. Signed by Judge Charlene Edwards Honeywell on 7/29/2020. (CSS)
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