Legal Opinion
State of Florida v. Joseph E. Simanonok
Court of Appeals for the Eleventh Circuit
Decided July 8, 1988No. 88-3283PublishedCited by 7 opinions
1Opinion of the Court
BY THE COURT:
This case originated as a criminal action brought by the State of Florida against Simanonok for driving under the influence. Simanonok removed the action to federal district court. On March 30, the district court entered an order remanding the case to state court. Simanonok filed a motion for reconsideration of that order which was denied by the district court on April 7. Simanonok timely filed a notice of appeal on April 8.
Generally, a district court order remanding an action to the state court from which it was removed is not subject to appellate review. See 28 U.S.C. § 1447(d)…
2Cases cited7 opinions
- Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
- McCarty v. McCartySupreme Court of the United States · 1981
- Maryland v. Soper, JudgeSupreme Court of the United States · 1926
- Solorio v. United StatesSupreme Court of the United States · 1987
- Pamela A. Loftin v. James K. Rush, United States of America, Garnishee-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Elsesser v. Hospital of the Philadelphia College of Osteopathic MedicineDistrict Court, E.D. Pennsylvania · 1992
- State of Ga. v. WestlakeDistrict Court, M.D. Georgia · 1996
- State of Iowa v. JohnsonDistrict Court, N.D. Iowa · 1997
- ABDEL-MALAK v. PEOPLE OF THE STATE OF CALIFORNIADistrict Court, M.D. North Carolina · 2020
- James Malvezzi v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2025
2 more not listed; retrieve them via the Exa API.