Mid-State Homes, Inc. v. Swain

ORDER REMANDING CASE

DAUGHERTY, District Judge.

The Plaintiff Mid-State Homes, Inc. (Mid-State) sued Defendants Swain in State Court seeking foreclosure of a mortgage which Plaintiff held on the Swains’ home. Defendants Swain in the State case Cross-Petitioned against Plaintiff and Jim Walter Corporation, requesting that Jim Walter Corporation be made a party defendant in the case. The State Court so ordered.

Jim Walter Corporation timely filed its Petition for Removal claiming as the bases of its right of removal, (1) that the Federal Court had original jurisdiction of the action against it…