Garza v. Midland National Insurance Company

ORDER OF REMAND

MEHRTENS, District Judge.

This is a suit on an insurance policy. The action was commenced in the Circuit Court of Dade County, Florida. The defendant timely filed a petition for removal to this court by reason of claimed diversity of citizenship and amount in controversy. The plaintiff has made a motion to remand on the ground that the defendant did not allege that the parties were citizens of different states at the time the action was commenced in the state court. The defendant did allege that diversity existed at the time the case was removed. The defendant has subsequently…