Legal Opinion
Whole Health Chiropractic & Wellness, Inc. v. Humana Medical Plan, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 28, 2001No. 00-13754PublishedCited by 44 opinions
1Opinion of the Court
WILSON, Circuit Judge:
This appeal raises an issue of first impression in this circuit — -whether the Federal Removal Statute, 28 U.S.C. § 1441 et seq., permits a district court’s sua sponte remand of a case because of a defect in the removal procedure. Aligning ourselves with those of our sister circuits that have previously decided this issue, we conclude that such action is not permitted as it falls outside the scope of 28 U.S.C. § 1447(c). We also decide that such an error is subject to appellate review.
I
The original plaintiff, Medical Re-Hab Center, filed this case on its own behalf and…
2Cases cited8 opinions
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- In the Matter of Continental Casualty CompanyCourt of Appeals for the Seventh Circuit · 1994
- In Re Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1993
- Page v. City of SouthfieldCourt of Appeals for the Sixth Circuit · 1995
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3Cited by44 opinions
- Kelton Arms Condominium Owners Association, Inc. v. Homestead Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
- Ellenburg v. Spartan Motors Chassis, Inc.Court of Appeals for the Fourth Circuit · 2008
- Rizalyn Bautista v. Star CruisesCourt of Appeals for the Eleventh Circuit · 2005
- Corporate Management Advisors, Inc. v. Artjen Complexus, Inc.Court of Appeals for the Eleventh Circuit · 2009
- Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLPCourt of Appeals for the Eleventh Circuit · 2004
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