David Preston v. Grant Advertising, Inc.

May 6, 1963, the plaintiff brought this action in the Florida state courts, seeking damages for injuries sustained while on board a yacht in Nassau Bay. April 12, 1965, almost two years later, the defendant filed a petition for removal of the case to the federal courts. The plaintiff moved to remand the case to the Florida courts “on the ground that the Defendant’s Petition for Removal is defective and not timely filed”. The district court denied this motion. May 24, 1965, the plaintiff filed a second motion to remand, alleging for the first time that the cause was “predicated on the Jones…