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Garth Williams v. Citizens Property Insurance Corp

November 2, 2011

GARTH WILLIAMS, PLAINTIFF,
v.
CITIZENS PROPERTY INSURANCE CORP., DEFENDANT.



The opinion of the court was delivered by: Magistrate Judge Seltzer

ORDER GRANTING MOTION TO DISMISS

THIS CAUSE is before the Court upon Defendants Steven S. Valancy, Esq. and Jennings & Valency, P.A's Motion to Dismiss the Amended Complaint [DE 38]. The Court has carefully considered the filing and is otherwise fully advised in the premises, including Plaintiff's failure to respond to the motion.

Plaintiff Garth Williams, a Florida citizen, continues to seek relief in this action, originally filed against Citizens Property Insurance Corporation ("Citizens"), a quasi-governmental Florida corporation, for breach of a windstorm insurance contract relating to damage to his house in Fort Lauderdale in 2005. Mr. Williams seeks payment of his damage claim pursuant to the insurance policy.

After eight previous orders denying relief for lack of subject matter jurisdiction [DE's 7, 11, 15, 17, 19, 22, 24 and 26], Plaintiff filed an Amended Complaint [DE 35] without leave of court to attempt to state a claim against attorney Steven S. Valancy and his law firm of Jennings & Valancy, P.A. ("Defendants"). Plaintiff again alleges generally that this is a wrongful foreclosure sale case stemming from a hurricane windstorm insurance claim. He now adds the allegation that Defendants failed to appear at a hearing on January 18, 2007, which may have been a mediation regarding his windstorm claim. Amended Complaint at page 1 [DE 35]. However, other then referencing Title 18 Section 1962 in a conclusory manner,*fn1 Plaintiff has not alleged sufficient facts to show a federal question. Therefore, subject matter jurisdiction does not exist.*fn2

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Defendants Steven S. Valancy, Esq. and Jennings & Valency, P.A's Motion to Dismiss the Amended Complaint [DE 38] is hereby GRANTED;

2. The Amended Complaint [DE 35] is hereby DISMISSED for lack of subject matter jurisdiction.

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