Legal Opinion
David CERVANTEZ, Plaintiff-Appellant, v. BEXAR COUNTY CIVIL SERVICE COMMISSION; Bexar County, Texas, Defendants-Appellees
Court of Appeals for the Fifth Circuit
Decided December 27, 1996No. 96-50278PublishedCited by 43 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
This appeal requires us to determine whether the removal of this action to federal court was time barred pursuant to the thirty-day limitations period of 28 U.S.C. § 1446(b). Because we hold that Bexar County did not timely file notice of removal in federal court, we vacate the judgment of the district court and remand to the district court with instructions to remand the case to state court.
I. Background
David Cervantez was employed by Bexar County, Texas as Director of the Bexar County Parks Department from 1985 until his termination in 1992. In 1992, the Bexar…
2Cases cited16 opinions
- Schroeder v. Texas Iron Works, Inc.Texas Supreme Court · 1991
- Leffall v. Dallas Independent School DistrictCourt of Appeals for the Fifth Circuit · 1994
- In Re Ben CarterCourt of Appeals for the Fifth Circuit · 1980
- Hamilton v. RodgersCourt of Appeals for the Fifth Circuit · 1986
- New Orleans Public Service, Inc. v. Warren C. MajoueCourt of Appeals for the Fifth Circuit · 1986
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3Cited by43 opinions
- Evans v. The City of HoustonCourt of Appeals for the Fifth Circuit · 2001
- Lauderdale v. Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2007
- Texas Brine Company, L.L.C. v. Amer Arbitration AsCourt of Appeals for the Fifth Circuit · 2020
- Delbert Johnson v. City of Fort WorthCourt of Appeals for the Fifth Circuit · 2019
- Arthur Mitchell v. City of NaplesCourt of Appeals for the Fifth Circuit · 2018
38 more not listed; retrieve them via the Exa API.