Legal Opinion
In Re: BETHESDA MEMORIAL HOSPITAL, INC., Petitioner
Court of Appeals for the Eleventh Circuit
Decided September 26, 1997No. 96-5034PublishedCited by 58 opinions
1Opinion of the Court
BARKETT, Circuit Judge:
Upon reconsideration, this court, sua sponte, VACATES its prior order in this matter and substitutes the following in its place:
We are asked to review a sua sponte order of the district court remanding this proceeding to state court. The central issues presented are whether this Court’s review is barred by the operation of 28 U.S.C. § 1447(d) and, if not, whether the untimely remand was proper. We conclude that we may review the remand order and, because the federal removal statute, 28 U.S.C. § 1441 et seq., does not permit a district court to enter an untimely order to…
2Cases cited22 opinions
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- Helstoski v. MeanorSupreme Court of the United States · 1979
- Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a PartnershipCourt of Appeals for the Eighth Circuit · 1996
- Piambino v. BaileyCourt of Appeals for the Eleventh Circuit · 1985
17 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Russell Corp. v. American Home Assurance Co.Court of Appeals for the Eleventh Circuit · 2001
- California Department of Water Resources v. Powerex Corp.Court of Appeals for the Ninth Circuit · 2008
- In Re: Fmc Corporation Packaging Systems Division, in No. 99-5220Court of Appeals for the Third Circuit · 2000
- Poore v. American-Amicable Life Insurance Co. of TexasCourt of Appeals for the Eleventh Circuit · 2000
- Whole Health Chiropractic & Wellness, Inc. v. Humana Medical Plan, Inc.Court of Appeals for the Eleventh Circuit · 2001
53 more not listed; retrieve them via the Exa API.