Legal Opinion

D. Smitherman v. Bayview Loan Servicing, L.L.C., e

Court of Appeals for the Fifth Circuit

Decided January 11, 2017No. 16-20328UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

D. Patrick Smitherman, proceeding pro se, brought suit against Bayview Loan Servicing, LLC in Texas state .court, alleging various state law claims regarding foreclosure proceedings related to Smitherman’s mortgage loan. Bayview removed to federal court under a diversity jurisdiction theory. The district court denied Smitherman’s motion to remand and then dismissed Smitherman’s claims with prejudice.

But on appeal, Bayview now concedes that “jurisdiction is not established on the record before the court.” Specifically, the record fails to provide enough information to determine…

2Cases cited3 opinions

  1. Harvey v. Grey Wolf Drilling Co.Court of Appeals for the Fifth Circuit · 2008
  2. Wheeler v. City of ColumbusCourt of Appeals for the Fifth Circuit · 1982
  3. Tewari De-Ox Systems, Inc. v. Mountain States/Rosen, Ltd. Liability Corp.Court of Appeals for the Fifth Circuit · 2014

3Cited by1 opinion

  1. United States v. Francisco Colorado CessaCourt of Appeals for the Fifth Circuit · 2017

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