Legal Opinion
C.L.B. v. Frye
District Court, M.D. Florida
Decided December 1, 2006No. 606CV-251ORL-28JGGPublishedCited by 6 opinions
1Opinion of the Court
ORDER 1
ANTOON, District Judge.
Plaintiffs have filed a Motion to Remand (Doc. 13) 2 arguing that the removal of this case from state court was untimely under the requirements of 28 U.S.C. § 1446(b). Plaintiffs urge me to apply the “first-served rule” and remand to state court because one of the Defendants, Tony Man-zolillo, failed to join in the removal within thirty days from the date the first Defendant was served. Defendants contend, however, that the case was properly removed under the “last-served rule” 3 because Defendant Manzolillo joined in the removal within thirty days of the date on…
2Cases cited16 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
- Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David EllisonCourt of Appeals for the Sixth Circuit · 1999
- Wecker v. National Enameling & Stamping Co.Supreme Court of the United States · 1907
- Carl Legg v. WyethCourt of Appeals for the Eleventh Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barbour v. International UnionCourt of Appeals for the Fourth Circuit · 2011
- Bailey Ex Rel. Estate of Beal v. Janssen Pharmaceutica, Inc.Court of Appeals for the Eleventh Circuit · 2008
- Cachet Residential Builders, Inc. v. Gemini InsuranceDistrict Court, D. Arizona · 2007
- Barbour v. International UnionCourt of Appeals for the Fourth Circuit · 2011
- MITSUI LINES LTD. v. CSX Intermodal, Inc.District Court, S.D. Florida · 2008
1 more not listed; retrieve them via the Exa API.