Legal Opinion

Gromer v. MacK

District Court, N.D. Texas

Decided June 30, 2011No. Civil Action 3:11-CV-0682-DPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

The instant motion to remand this case removed from county probate court presents the question whether this court has subject matter jurisdiction and whether removal was objectively unreasonable and therefore justifies an award of attorney’s fees, expenses, and just costs under 28 U.S.C. § 1447(c). Concluding that the court lacks subject matter jurisdiction and that removal was objectively unreasonable, the court grants the motion to remand and awards relief under § 1447(c).

I

Plaintiff Mary Gromer (“Gromer”) and defendant Janet Mack…

2Cases cited20 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Martin v. Franklin Capital Corp.Supreme Court of the United States · 2005
  3. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  4. Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
  5. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908

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3Cited by2 opinions

  1. Arcs Aligned, LLC v. Combined Capital Investment, LLCDistrict Court, E.D. Louisiana · 2025
  2. Disability Law Center v. CoxDistrict Court, D. Utah · 2025

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