Sweeney v. National Union Fire Insurance

ORDER

The defendant appeals a district court order remanding this case to the state court from which it was removed upon a finding that subject matter jurisdiction was lacking. The plaintiff now moves to dismiss the appeal pursuant to 28 U.S.C. § 1447(d), which provides that an order remanding a case to the state court from which it was removed is not renewable on appeal or otherwise. The defendant opposes the motion.

The decedent, Alton Bennett, died as a result of injuries he sustained when struck by an automobile driven by an underin-sured motorist. Francis E. Sweeney, Jr., the plaintiff and…