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Filing # 28326362 E-Filed 06/10/2015 02:42:42 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
SUZANNE WILKIE,
Petitioner,
v. CASE NO.: 12-033063-14
GENERAL JURISDICTION
JUDGE KEVIN CARROLL OF LEON
COUNTY CIRCUIT COURT JUDGE
AND FLORIDA DEPARTMENT OF
FINANCIAL SERVICES, JEFF
ATWATER, AS CHIEF FINANCIAL
OFFICER,
Respondents.
/
MOTION OF DEFENDANT KEVIN J. CARROLL, CIRCUIT JUDGE OF THE
SECOND JUDICIAL CIRCUIT, TO DISMISS FIRST AMENDED COMPLAINT
Pursuant to Fla. R. Civ. P. 1.140, Respondent Kevin J. Carroll, Circuit Judge of the
Second Judicial Circuit, hereby moves to dismiss the First Amended Complaint
The First Amended Complaint (“FAC”) seeks relief against Judge Carroll (plainly acting
in his official capacity only), the Florida Department of Financial Services (“DFS”), and Jeff
Atwater, as Chief Financial Officer of Florida (“CFO”). It is clear from the allegations of the
pleading and attachments thereto that this action is integrally related to the
delinquency/receivership proceeding concerning Armor Insurance Company (“Armor”), brought
in 1997 in the Circuit Court of Leon County, Jn re Receivership of Armor Ins. Co., Case No. 97-
CA-2 (Fla. Cir. Ct. 2d Jud. Cir.), in which the Court entered a stay of all related proceedings (see
FAC, Ex. 4). As the Complaint shows, Petitioner nevertheless pursued litigation against Armor
in Broward County Circuit Court and obtained judgment in her favor in 1999 in the amount of
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/10/2015 2:42:42 PM.****$700,000 (see FAC, Ex. 8). Petitioner then sought to assert rights under that final judgment in
the receivership proceeding pending in Leon County, thereby submitting to the jurisdiction of the
Second Judicial Circuit.
Much of the pertinent history of Petitioner’s pursuit of a remedy in the Leon County
proceeding is recounted by Judge Carroll in his “Order Granting Receiver’s Motion to Strike and
Denying Claimant’s Motion for Summary Judgment with Prejudice,” dated May 11, 2011 (see
FAC, Ex. 11). Following a hearing in the Leon County proceeding, Petitioner’s claim was
disallowed and valued at zero; that Order was affirmed by the First DCA, and appeal therefrom
was dismissed by the Florida Supreme Court (see FAC, Ex. 11 at § 1.b). Petitioner further filed
with the Leon County Circuit Court a motion to vacate the stay of her Broward County case; her
motion was denied, and the First DCA likewise affirmed that ruling (see id. at J 1.d). Petitioner
then filed additional motions with the Leon County Circuit Court, including another motion to
vacate the stay (see id. at J 1.e). DFS, the appointed receiver, filed a motion to strike Petitioner’s
additional motions (see id. at J 1.f). The Court, per Judge Carroll, then granted DFS’s motion
and denied Petitioner’s motion (see id. at (J 1.g & d). Judge Carroll’s Order was recently
affirmed. Wilkins v. Receivership of Armor Ins. Co., 2013 WL 105636 (Fla. Ist DCA Jan. 8,
2013).
Venue over the Armor receivership and claims relating thereto lies exclusively in the
Circuit Court of Leon County pursuant to section 631.021, Florida Statutes. Relief from the
automatic stay under chapter 631 can only be obtained from the Leon County Circuit Court. See
631 Fla. Stat. § 631.041(2) (referencing “the court,” which is defined in section 631.011(5) as
“the circuit court in which the receivership proceeding is pending”).
Hence, the instant action must be dismissed for lack of venue.Venue further is improper in the Broward County Circuit Court under Florida Statutes
section 47.011, because all Respondents “reside” in Leon County and because any putative cause
of action for refusal to lift the automatic stay or otherwise to disallow petitioner’s claim in the
delinquency proceeding accrued in Leon County.
Further, Judge Carroll joins in the “Department of Financial Services’ Motion to
Dismiss” (Filing # 28312589), filed on June 10, 2015, and the grounds for dismissal therein
stated.
WHEREFORE, Judge Carroll asks that the Court dismiss this cause.
Respectfully submitted,
PAMELA JO BONDI
ATTORNEY GENERAL
/s/ Blaine H. Winship
Blaine H. Winship
Special Counsel
Florida Bar No. 0356913
Office of the Attorney General
The Capitol, Suite PL-01
Tallahassee, Florida 32399-1050
Telephone: (850) 414-3671
Facsimile: (50) 488-4872
Blaine. Winship@myfloridalegal.com
Counsel for Respondent Judge Kevin J. Carroll,
Circuit Judge of the Second Judicial Circuit
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 10th day of June, 2015, a true and correct copy of the
foregoing document has been served by email through the e-filing portal on all counsel of record.
/s/ Blaine H. Winship
Blaine H. Winship
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Filing # 28326362 E-Filed 06/10/2015 02:42:42 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA SUZANNE WILKIE, Petitioner, v. CASE NO.: 12-033063-14 GENERAL JURISDICTION JUDGE KEVIN CARROLL OF LEON COUNTY CIRCUIT COURT JUDGE AND FLORIDA DEPARTMENT OF FINANCIAL SERVICES, JEFF ATWATER, AS CHIEF FINANCIAL OFFICER, Respondents. / MOTION OF DEFENDANT KEVIN J. CARROLL, CIRCUIT JUDGE OF THE SECOND JUDICIAL CIRCUIT, TO DISMISS FIRST AMENDED COMPLAINT Pursuant to Fla. R. Civ. P. 1.140, Respondent Kevin J. Carroll, Circuit Judge of the Second Judicial Circuit, hereby moves to dismiss the First Amended Complaint The First Amended Complaint (“FAC”) seeks relief against Judge Carroll (plainly acting in his official capacity only), the Florida Department of Financial Services (“DFS”), and Jeff Atwater, as Chief Financial Officer of Florida (“CFO”). It is clear from the allegations of the pleading and attachments thereto that this action is integrally related to the delinquency/receivership proceeding concerning Armor Insurance Company (“Armor”), brought in 1997 in the Circuit Court of Leon County, Jn re Receivership of Armor Ins. Co., Case No. 97- CA-2 (Fla. Cir. Ct. 2d Jud. Cir.), in which the Court entered a stay of all related proceedings (see FAC, Ex. 4). As the Complaint shows, Petitioner nevertheless pursued litigation against Armor in Broward County Circuit Court and obtained judgment in her favor in 1999 in the amount of *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/10/2015 2:42:42 PM.****$700,000 (see FAC, Ex. 8). Petitioner then sought to assert rights under that final judgment in the receivership proceeding pending in Leon County, thereby submitting to the jurisdiction of the Second Judicial Circuit. Much of the pertinent history of Petitioner’s pursuit of a remedy in the Leon County proceeding is recounted by Judge Carroll in his “Order Granting Receiver’s Motion to Strike and Denying Claimant’s Motion for Summary Judgment with Prejudice,” dated May 11, 2011 (see FAC, Ex. 11). Following a hearing in the Leon County proceeding, Petitioner’s claim was disallowed and valued at zero; that Order was affirmed by the First DCA, and appeal therefrom was dismissed by the Florida Supreme Court (see FAC, Ex. 11 at § 1.b). Petitioner further filed with the Leon County Circuit Court a motion to vacate the stay of her Broward County case; her motion was denied, and the First DCA likewise affirmed that ruling (see id. at J 1.d). Petitioner then filed additional motions with the Leon County Circuit Court, including another motion to vacate the stay (see id. at J 1.e). DFS, the appointed receiver, filed a motion to strike Petitioner’s additional motions (see id. at J 1.f). The Court, per Judge Carroll, then granted DFS’s motion and denied Petitioner’s motion (see id. at (J 1.g & d). Judge Carroll’s Order was recently affirmed. Wilkins v. Receivership of Armor Ins. Co., 2013 WL 105636 (Fla. Ist DCA Jan. 8, 2013). Venue over the Armor receivership and claims relating thereto lies exclusively in the Circuit Court of Leon County pursuant to section 631.021, Florida Statutes. Relief from the automatic stay under chapter 631 can only be obtained from the Leon County Circuit Court. See 631 Fla. Stat. § 631.041(2) (referencing “the court,” which is defined in section 631.011(5) as “the circuit court in which the receivership proceeding is pending”). Hence, the instant action must be dismissed for lack of venue.Venue further is improper in the Broward County Circuit Court under Florida Statutes section 47.011, because all Respondents “reside” in Leon County and because any putative cause of action for refusal to lift the automatic stay or otherwise to disallow petitioner’s claim in the delinquency proceeding accrued in Leon County. Further, Judge Carroll joins in the “Department of Financial Services’ Motion to Dismiss” (Filing # 28312589), filed on June 10, 2015, and the grounds for dismissal therein stated. WHEREFORE, Judge Carroll asks that the Court dismiss this cause. Respectfully submitted, PAMELA JO BONDI ATTORNEY GENERAL /s/ Blaine H. Winship Blaine H. Winship Special Counsel Florida Bar No. 0356913 Office of the Attorney General The Capitol, Suite PL-01 Tallahassee, Florida 32399-1050 Telephone: (850) 414-3671 Facsimile: (50) 488-4872 Blaine. Winship@myfloridalegal.com Counsel for Respondent Judge Kevin J. Carroll, Circuit Judge of the Second Judicial Circuit CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 10th day of June, 2015, a true and correct copy of the foregoing document has been served by email through the e-filing portal on all counsel of record. /s/ Blaine H. Winship Blaine H. Winship