Legal Opinion

Resolution Trust Corp. v. Bakker

Court of Appeals for the Eleventh Circuit

Decided May 1, 1995No. 93-4297PublishedCited by 10 opinions

1Opinion of the Court

CARNES, Circuit Judge:

In Jackson v. American Savings Mortgage Corp., 924 F.2d 195 (11th Cir.1991), this Court laid down procedures to be followed when financial institution receiver cases are removed to federal court after entry of a judgment in state court. In this ease we are called upon to reiterate what we said in Jackson about the role of district courts in such cases. We must also decide whether to enforce the ten-day rule announced in Jackson or to discard it as dictum. We conclude that even if the part of Jackson announcing the ten-day rule is dictum, it is a good rule which we make a…

2Cases cited5 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Baumann v. Savers Federal Sav. & Loan Ass'nCourt of Appeals for the Eleventh Circuit · 1991
  3. Resolution Trust Corporation v. AllenCourt of Appeals for the Fourth Circuit · 1994
  4. Jackson v. American Savings Mortgage Corp.Court of Appeals for the Eleventh Circuit · 1991
  5. Summerchase Condominium Owners Ass'n v. Resolution Trust Corp.District Court, S.D. Alabama · 1993

3Cited by10 opinions

  1. Breedlove v. CabouDistrict Court, N.D. New York · 2003
  2. Gonzalo Aguilar, M.D., Doroteo C. Audije, M.D., Doroteo M. Barnes, M.D., Juan Bauer, M.D., Leonardo Del Rosario, M.D., Appellants-Plaintiffs v. Federal Deposit Insurance Corp., as Receiver for Southeast Bank, N.A., Etc., Receiver-Appellee, Southeast Bank, N.A., a National Banking Association, Fka First Federal Savings and Loan Association of Jacksonville, Morteza Yavari, M.D., St. Jude Medical, Home Health Systems, Inc., Gonzalo Aguilar, M.D., Doroteo C. Audije, M.D., Doroteo M. Barnes, M.D., Juan Bauer, M.D., Leonardo Del Rosario, M.D. v. Federal Deposit Insurance Corp., a Receiver for Southeast Bank, N.A., a National Banking Association, Formerly Known as First Federal Savings and Loan Association of Jacksonville, Southeast Bank, N.A., a National Banking Association Fka First Federal Savings and Loan Association of JacksonvilleCourt of Appeals for the First Circuit · 1995
  3. Aguilar v. Federal Deposit InsuranceCourt of Appeals for the Eleventh Circuit · 1995
  4. Bakery Centre Associates v. Orientations Gallery, Inc.Court of Appeals for the Eleventh Circuit · 1995
  5. Orlando Gateway Partners, LLC v. Good Gateway, LLC (In re Orlando Gateway Partners, LLC)United States Bankruptcy Court, M.D. Florida · 2016

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