Arrol et al v. Heron et al, No. 2:2010cv00655 - Document 22 (M.D. Fla. 2011)

Court Description: OPINION AND ORDER directing plaintiff to file an Amended Complaint within 14 days properly setting forth the jurisdiction of the Court. Signed by Judge John E. Steele on 2/17/2011. (RKR)

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Arrol et al v. Heron et al Doc. 22 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SIMON JAMES ARROL, ANTHONY JOHNSON, Plaintiffs, vs. Case No. RALF HERON, CHRISTINE F. WRIGHT & SHAW, P.A. professional association, 2:10-cv-655-FtM-29DNF WRIGHT, Florida Defendants. ___________________________________ OPINION AND ORDER This matter comes before the Court sua sponte on a jurisdictional review of the Complaint (Doc. #1). Plaintiffs Simon James Arrol and Richard Anthony Johnson are residents of the United Kingdom and have brought suit against two individual residents of Lee County, Florida, Ralf Heron and Christine F. Wright, and a professional association with Christine F. Wright acting as a principal partner for the firm. (Doc. #1, ¶¶ 4-8.) The amount in controversy is alleged to exceed $75,000.00, and subject-matter jurisdiction jurisdiction. is premised (Id., ¶ 1.) upon the presence of diversity The factual allegations provide that plaintiffs and defendant Ralf Heron jointly retained Ms. Wright and Wright & Shaw, P.A. as counsel for the joint purchase of real property in Cape Coral, Florida, and other potential properties. (Id., ¶ 9.) The face of the Complaint does not set forth a basis Dockets.Justia.com for diversity jurisdiction, nor any facts which would support such jurisdiction. For diversity purposes, citizenship means domicile; mere residence in the State is not sufficient. Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974)1(citations omitted). Residency is not sufficient to establish diversity. Jagiella v. Jagiella, 647 F.2d 561, 563 (5th Cir. Unit B 1981). Citizenship is equivalent to domicile for purposes of diversity jurisdiction. [ ] A person s domicile is the place of his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom. . . . [ ] Furthermore, a change of domicile requires [a] concurrent showing of (1) physical presence at the new location with (2) an intention to remain there indefinitely. . . . McCormick v. Aderholt, 293 F.3d 1254, 1257-58 (11th Cir. 2002)(internal quotations and citations omitted). The Complaint only alleges the residency of the parties, and residency is not the same as citizenship establishing diversity jurisdiction. for purposes of In any event, plaintiffs could be deemed citizens of Florida under 28 U.S.C. § 1332(a), under certain circumstances if they are resident aliens. 1 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc) the Eleventh Circuit adopted as binding precedent all the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. -2- Accordingly, it is now ORDERED: Plaintiff shall file an Amended Complaint within FOURTEEN (14) DAYS properly setting forth the subject-matter jurisdiction of the Court. DONE AND ORDERED at Fort Myers, Florida, this February, 2011. Copies: Counsel of record -3- 17th day of

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