Estate of Lee v. Ctr. Pointe HRC, LLC, 2006 U.S. Dist. LEXIS 12344 (D. Fla. 2006)

Plaintiff filed suit in State court against Centre Pointe HRC, SBK Capital and Life Care Centers of America, alleging violations of Florida statutory rights. Defendants removed the case to federal court based on diversity. After Plaintiff filed a motion to remand, all defendants consented to remand. The motion before the court was for attorney’s fees, claiming removal was improper. The court found that the case presented a close question as to whether removal was improper. It then denied the motion for attorney’s fees after examining a letter from Plaintiff suggesting defendants should consent to remand, which they did. The court found that it was disingenuous for Plaintiffs to urge defendants to simply consent to remand and then file a motion for fees.