Dunch v. National Union Fire Insurance

ORDER

The defendant appeals a district court order remanding this case to the state court from which it was removed upon a finding that subject matter jurisdiction was lacking. The plaintiffs now move to dismiss No. 02-3510 for lack of appellate jurisdiction. The motion is made pursuant to 28 U.S.C. § 1447(d), which provides that an order remanding a case to the state court from which it was removed is not reviewable on appeal or otherwise. The defendant opposes the motion.

The plaintiffs’ claim against the defendant is based on the Ohio Supreme Court’s decision in Scott-Pontzer v. Liberty Mut.…