Woodlands II on the Creek Homeowners Ass'n v. City Savings & Loan Ass'n

MEMORANDUM ORDER

FISH, District Judge.

This case is before the court on the motion of the Federal Savings and Loan Insurance Corporation (“FSLIC”), as receiver for City Savings Association of San Angelo (“the S & L”), to dismiss for lack of subject matter jurisdiction. For the reasons stated below, the court concludes that FSLIC’s petition to remove the case to this court was untimely; despite this untimeliness, however, the case must be dismissed for want of jurisdiction rather than remanded to state court. 1

I. Background

Plaintiff Woodlands II on the Creek Homeowner’s Association, Inc.…