Legal Opinion

Corporate Management Advisors, Inc. v. Artjen Complexus, Inc.

Court of Appeals for the Eleventh Circuit

Decided March 11, 2009No. 08-14606, 08-14607PublishedCited by 84 opinions

Non-Argument Calendar.

1Opinion of the Court

WILSON, Circuit Judge:

This appeal raises the following issue: whether the failure to allege facts sufficient to establish subject matter jurisdiction in a notice of removal is a defect in the removal procedure. 1 We conclude that it is a defect, and consequently, the district court cannot sua sponte remand a case to state court on that ground.

I. BACKGROUND

On July 18, 2008, Artjen Complexus, Inc. and Arthur M. Barat (together “Artjen Parties”) filed a notice of removal, seeking to remove a suit filed by Corporate Management Advisors, Inc. from a Florida state court to the District Court for…

2Cases cited12 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  4. Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
  5. United States v. Anthony F. MurrellCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by84 opinions

  1. Charles Hunter v. City of Montgomery, AlabamaCourt of Appeals for the Eleventh Circuit · 2017
  2. Doe Ex Rel. Houdersheldt v. BlairCourt of Appeals for the Fourth Circuit · 2016
  3. Alhuay v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2011
  4. Dionne v. Floormasters Enterprises, Inc.Court of Appeals for the Eleventh Circuit · 2012
  5. James H. Wilson, III v. Hearos, LLCCourt of Appeals for the Eleventh Circuit · 2025

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