Legal Opinion
Fayler v. Karau
Court of Appeals for the Ninth Circuit
Decided November 14, 2002No. 01-35727; D.C. No. CV-94-00119-DWMPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM *
Lila Fayler appeals the order of the district court setting aside a judgment of default and dismissing the complaint for improper service of process. We affirm. *640Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.
I
The district court had jurisdiction of this action pursuant to 28 U.S.C. § 1332. Jurisdiction was not foreclosed by the probate exception to diversity jurisdiction which merely prohibits federal courts from probating a will or administering an estate. Markham v. Allen, 326 U.S. 490, 494, 66 S.Ct. 296, 90 L.Ed.…
2Cases cited8 opinions
- Markham v. AllenSupreme Court of the United States · 1946
- Van Ort v. Estate of StanewichCourt of Appeals for the Ninth Circuit · 1996
- Clarissa Brady,plaintiff-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2000
- Noel Mason v. Genisco Technology CorporationCourt of Appeals for the Ninth Circuit · 1992
- Johnston v. LongCalifornia Supreme Court · 1947
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3Cited by1 opinion
- Guinnane v. DobbinsDistrict Court, D. Montana · 2019