Legal Opinion
Paris v. Affleck
District Court, M.D. Florida
Decided May 18, 1977No. 77-136-Civ-J-TPublishedCited by 6 opinions
1Opinion of the Court
OPINION
CHARLES R. SCOTT, District Judge.
The Court has before it plaintiff’s motion to remand this case to the state circuit court from which it was removed. The issue presented by this motion is whether defendant waived his right to remove this action under diversity of citizenship and
maritime jurisdiction, by filing a counterclaim in state court. If so, then this case was improvidently removed and the court may properly remand it; but if not, the case must remain in federal court. Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 345, 96 S.Ct. 584, 46 L.Ed.2d 542, 549, 551 (1976).
This…
2Cases cited11 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Haun v. Retail Credit Co.District Court, W.D. Pennsylvania · 1976
- Hightower v. BigoneySupreme Court of Florida · 1963
- Stone v. Pembroke Lakes Trailer Park, Inc.District Court of Appeal of Florida · 1972
- Pesce v. LinaidoDistrict Court of Appeal of Florida · 1960
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3Cited by6 opinions
- Wakaya Perfection, LLC v. Youngevity InternationalCourt of Appeals for the Tenth Circuit · 2018
- Schmitt v. Insurance Co. of North AmericaCourt of Appeals for the Ninth Circuit · 1988
- Boggs v. HarrisDistrict Court, W.D. Pennsylvania · 2016
- Conrad Schmitt Charles Sackett Daniel Martin Michael Juneau v. Insurance Company of North America, Insurance Company of North America, Cross-Complainant/appellant v. Juneau & Martin, Inc. Dba J.M. Auto Sales, a Corporation, Juneau & Martin, Inc. Dba Century Motors, a Corporation Cross-Defendants, and Michael Juneau, an Individual, Daniel James Martin, an Individual, Cross-Defendants/appelleesCourt of Appeals for the Ninth Circuit · 1988
- Kam Hon, Inc. v. Cigna Fire Underwriters InsuranceDistrict Court, M.D. Florida · 1996
1 more not listed; retrieve them via the Exa API.