Opinion

Brown v. Fort Myers Reef Acquisitions, LLC

Court
District Court, M.D. Florida
Filed
Feb 28, 2020
Cited by
0 cases
Authority
More cited than 19.7%

Under the Rooker-Feldman doctrine, a district court “cannot review state court final judgments because that task is reserved for state appellate courts or, as a last resort, the United States Supreme Court.”

How later courts described this case

  • Under the Rooker-Feldman doctrine, a district court “cannot review state court final judgments because that task is reserved for state appellate courts or, as a last resort, the United States Supreme Court.”
  • “[W]hen a plaintiff fails to establish a substantial likelihood of success on the merits, a court does not need to even consider the remaining three prerequisites of a preliminary injunction [or temporary restraining order].” (citations omitted)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

L. YVONNE BROWN,

Plaintiff,

v. Case No: 2:19-cv-739-FtM-29MRM

FORT MYERS REEF

ACQUISITIONS, LLC, COASTAL

RIDGE MANAGEMENT, LLC, STACY

HESS, individually and in

official capacity, and

CARMINE MARCENO,

individually and in official

capacity,

Defendants.

ORDER

This matter comes before the Court on plaintiff’s Third

Application for Temporary Restraining Order (Doc. #13) filed on

February 27, 2020. For the reasons set forth below, plaintiff’s

request for a temporary restraining order is denied.

I.

Plaintiff filed a First Amended Original Complaint (Doc. #12)

(Amended Complaint) on February 27, 2020. The Amended Complaint

asserts claims against defendants for breach of contract,

violation of the Fair Housing Act, “violation of [] constitutional

rights,” “discrimination,” “pain and suffering,” “harassment,” and

injunctive relief. (Doc. #12, pp. 11-18.)

Plaintiff alleges that defendant Fort Myers Reef

Acquisitions, LLC (The Reef) wrongfully evicted her from her

apartment at the Reef Apartments in Estero, Florida. Plaintiff

asserts that “[o]n June 27, 2019, The Reef filed a false eviction

proceeding against [plaintiff]” in the County Court of the

Twentieth Judicial Circuit in and for Lee County Florida, and the

state trial court entered an order granting possession of the

apartment to The Reef on September 27, 2019. (Doc. #12, ¶¶ 8,

30.) Plaintiff contends that the state trial court’s order is

“void, invalid, unenforceable, and improper” because The Reef’s

eviction lawsuit related to an expired lease agreement, and not

her current lease agreement. (Id. ¶ 9.)

Plaintiff filed two previous requests for a temporary

restraining order (Docs. ##3, 8) on October 10, 2019 and November

6, 2019. In them, Plaintiff moved the Court to find the state

trial court’s eviction order “moot” and “wholly void” because that

order did not relate to plaintiff’s current lease agreement.

(Doc. #3, p. 6; Doc. #8, p. 1.) The Court denied plaintiff’s

motions because it lacked subject matter jurisdiction over such a

request under the Rooker-Feldman1 doctrine. (Docs. ##7, 10.)

In the instant motion, plaintiff similarly argues that the

state trial court lacked jurisdiction to enter its order against

1 Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923); D.C. Court of

Appeals v. Feldman, 460 U.S. 462 (1983).

plaintiff in the underlying eviction lawsuit. (Doc. #13, p. 4.)

Plaintiff reasons that the state trial court’s order was “moot,

void, and unenforceable” because it applied to an expired lease

agreement. (Id. p. 1.) Plaintiff thus requests that the Court

issue a temporary restraining order permitting plaintiff “to

resume her right to possession under the new lease . . . .” (Id.

p. 4.)

II.

To be entitled to a temporary restraining order, a movant

must establish: “(1) a substantial likelihood of success on the

merits; (2) that irreparable injury will be suffered if the relief

is not granted; (3) that the threatened injury outweighs the harm

the relief would inflict on the non-movant; and (4) that entry of

the relief would serve the public interest.” Schiavo ex rel.

Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir.

2005)(citation omitted). Like the previous motions seeking a

temporary restraining order, plaintiff has entirely failed to

address whether, and why, she is substantially likely to succeed

on the merits. This deficiency thus warrants denial of

plaintiff’s request for a temporary restraining order. See

Pittman v. Cole, 267 F.3d 1269, 1292 (11th Cir. 2001)(“[W]hen a

plaintiff fails to establish a substantial likelihood of success

on the merits, a court does not need to even consider the remaining

three prerequisites of a preliminary injunction [or temporary

restraining order].” (citations omitted)). Plaintiff has also

failed to set forth a new basis for her entitlement to a temporary

restraining order, as she simply reargues the same points made in

her previously denied motions.

In addition, as the Court noted in its previous Opinion and

Order, the Court is aware of no legal basis – and plaintiff cites

to none – establishing that the Court has the authority to preclude

enforcement of the state trial court’s order under these

circumstances. To the extent plaintiff requests the Court to

reverse the state trial court’s ruling, the Court lacks subject

matter jurisdiction to review the state court’s findings under the

Rooker-Feldman doctrine. See Exxon Mobil Corp. v. Saudi Basic

Indus. Corp., 544 U.S. 280, 284 (2005)(Under the Rooker-Feldman

doctrine, a district court “cannot review state court final

judgments because that task is reserved for state appellate courts

or, as a last resort, the United States Supreme Court.”).

Plaintiff’s request for a temporary restraining order is therefore

denied.

Accordingly, it is hereby

ORDERED:

Plaintiff’s Third Application for Temporary Restraining Order

(Doc. #13) is DENIED.

DONE and ORDERED at Fort Myers, Florida, this 28th day of

February, 2020.

Z tkicob

JOHN E. STEELE

SHMIOR UNITED STATES DISTRICT JUDGE

Copies:

Parties and Counsel of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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