Legal Opinion
Heidt v. Mid-State Federal Savings & Loan Ass'n
District Court, M.D. Florida
Decided October 5, 1984No. 82-21-Civ-Oc-16Published
1Opinion of the Court
*696ORDER AND OPINION
JOHN H. MOORE, II, District Judge.
This action was removed from state court pursuant to 28 U.S.C. § 1441 and 28 U.S.C. § 1331. For the reasons that follow, the Court finds that federal question jurisdiction does not exist and remand to the state court is proper. See Fed.R.Civ.P. 12(h)(3).
Plaintiffs are current owners of real property in Marion County, Florida which is subject to a mortgage held by defendant since 1972. This mortgage contains a due-on-sale clause; that is, a mortgage acceleration clause empowering the lender to accelerate a mortgage to maturity when the…
2Cases cited13 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
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