IN RE VERNELL

A. CRISTOL, Chief Judge

This matter, having come before the Court on February 5, 2008 on the Motion to Dismiss, Abstain, or Stay of Creditor Wachovia Bank, National Association formerly known as First Union National Bank ("Wachovia") dated January 11, 2008 (CP 6), and the Court having heard argument of counsel, having reviewed the court file, and being otherwise fully advised in the premises, abstains from exercising jurisdiction over this action.

1. The Debtors, Louis Vernell, Jr. and Janet Doris Vernell (the "Vernells") jointly filed this Chapter 13 case on July 11, 2007. On August 22, 2007, the Vernells removed to this Court two consolidated cases: (1) Janet Vernell and Louis Vernell v. Wachovia Bank, National Association and First Union National Bank, Eleventh Judicial Circuit Court for Miami-Dade County, Florida case no. 02-CA-028408-22; and (2) Janet Vernell and Louis Vernell v. Wachovia Bank, National Association, et al., Eleventh Judicial Circuit Court for Miami-Dade County, Florida case no. 03-CA-006576-22. The cases were assigned Adversary Case No. 07-01627. At the time of removal, these cases had been litigated in the state court for nearly five years.

2. The gravamen of the removed cases was a determination that Wachovia's two mortgages on the Debtors' residence were defective and unenforceable. Wachovia moved for abstention and remand. After a hearing and full briefing, the Court granted the motions for remand, abstained from exercising jurisdiction over them, and also gave Wachovia relief from stay to litigate the claims in the Florida Circuit Court. The Vernells moved for rehearing of the remand orders, which motions were denied.

3. On December 14, 2007, the Vernells filed a complaint commencing this adversary proceeding. The Debtors' complaint contains nearly identical allegations as in the previously remanded cases, Adv. No. 07-01627-BKC-AJC-A and Adv. No. 07-01890-BKC-AJC-A.

4. These same claims by the Debtors have been actively litigated in the Florida Circuit Court for nearly five (5) years. The cases involve predominately issues of state law and there is no independent basis for federal jurisdiction. The debtors have demanded a jury trial. The cases can be timely adjudicated in the Florida Circuit Court. Comity and the burden on this Court are also factors that weigh heavily in favor of abstention. It would be inconsistent and a waste of judicial resources to simultaneously litigate the same claims in two forums, especially after the Court has previously remanded these claims to state court.

5. The Court exercises its discretion and abstains pursuant to 28 U.S.C. § 1334(c)(1), and also for equitable reasons under 28 U.S.C. § 1452.

Based upon the foregoing, it is

ORDERED AND ADJUDGED that Wachovia's Motion to Dismiss or Alternatively for Abstention is GRANTED and, for the same reasons previously stated in the Court's order of abstention in Adv. No. 07-01627-BKC-AJC-A and for the reasons set forth herein, the Court abstains from exercising jurisdiction over this action.

ORDERED in the Southern District of Florida.