In Re POINT CONVERSIONS, LLC ( 2020 )


Menu:
  • Case: 20-152     Document: 24   Page: 1    Filed: 11/25/2020
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    In re: POINT CONVERSIONS, LLC, a Delaware
    Limited Liability Company,
    Petitioner
    ______________________
    2020-152
    ______________________
    On Petition for Writ of Mandamus to the United States
    District Court for the Southern District of Florida in No.
    0:18-cv-60912-BB, Judge Beth Bloom.
    ______________________
    ON PETITION AND MOTION
    ______________________
    Before MOORE, O’MALLEY, and STOLL, Circuit Judges.
    O’MALLEY, Circuit Judge.
    ORDER
    Tropical Paradise Resorts LLC d/b/a Rodeway Inn &
    Suites (“Rodeway”) filed the underlying suit against Point
    Conversions, LLC (“PC”) in the Southern District of Flor-
    ida. After the district court dismissed all claims, PC ap-
    pealed to the United States Court of Appeals for the
    Eleventh Circuit. On May 26, 2020, the Eleventh Circuit
    affirmed. PC subsequently asked the Eleventh Circuit to
    transfer the case to this court, which the Eleventh Circuit
    denied on July 16, 2020. After the Eleventh Circuit denied
    Case: 20-152     Document: 24      Page: 2     Filed: 11/25/2020
    2                                IN RE: POINT CONVERSIONS, LLC
    rehearing, PC filed this petition seeking mandamus to di-
    rect the district court to vacate its order or, alternatively,
    to direct the Eleventh Circuit to transfer.
    We must dismiss this request. PC was content with the
    Eleventh Circuit adjudicating its appeal until it received
    an unfavorable ruling. To the extent PC believes that the
    Eleventh Circuit erred in exercising jurisdiction or erred in
    affirming the district court’s judgment, the proper course
    is to seek review by the Supreme Court of the United
    States, which has jurisdiction to review decisions of the
    Eleventh Circuit. It cannot seek mandamus from this
    court, which does not have such authority. See In re Rob-
    erts, 
    846 F.2d 1360
    , 1362 (Fed. Cir. 1988) (noting that this
    court as “a co-equal member of a system of thirteen appel-
    late courts. . . is not . . . possessed of jurisdiction to review
    and reverse the judgements of the other twelve”); see also
    Baker Perkins, Inc. v. Werner & Pfleiderer Corp., 
    710 F.2d 1561
    , 1565 (Fed. Cir. 1983) (citation omitted) (noting that
    a petitioner must “show that the action sought to be cor-
    rected by mandamus is within this court’s statutorily de-
    fined subject matter jurisdiction”).
    Accordingly,
    IT IS ORDERED THAT:
    (1) PC’s motion to file an untimely reply is granted.
    ECF No. 21 is accepted for filing.
    (2) The petition for a writ of mandamus is dismissed.
    (3) PC’s motion to schedule argument is denied.
    FOR THE COURT
    November 25, 2020          /s/ Peter R. Marksteiner
    Date                  Peter R. Marksteiner
    Clerk of Court
    s29
    

Document Info

Docket Number: 20-152

Filed Date: 11/25/2020

Precedential Status: Non-Precedential

Modified Date: 11/25/2020