Legal Opinion

Mills v. Harmon Law Offices, P.C.

Court of Appeals for the First Circuit

Decided September 12, 2003No. 03-1091PublishedCited by 47 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This appeal presents a narrow procedural question — whether a case properly removed to federal court pursuant to 28 U.S.C. § 1446 can be dismissed with prejudice if the district court subsequently concludes that it lacks subject matter jurisdiction over the dispute.

On January 9, 1987, appellants Deborah and Peter Mills refinanced the mortgage on their home with defendant Salem Five Cents Savings Bank (“Salem Bank”), which in turn assigned the mortgage to the Federal Home Loan Mortgage Corporation (“Freddie Mac”). The Mills were delinquent in their loan payments on numer…

2Cases cited12 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  4. New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
  5. Maine Association of Interdependent Neighborhoods v. Commissioner, Maine Department of Human ServicesCourt of Appeals for the First Circuit · 1989

7 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Hochendoner v. Genzyme CorporationCourt of Appeals for the First Circuit · 2016
  2. Heghmann v. Indorf (In Re Heghmann)Bankruptcy Appellate Panel of the First Circuit · 2004
  3. Hudson Savings Bank v. United StatesCourt of Appeals for the First Circuit · 2007
  4. Schwartz v. Schwartz (Schwartz)Bankruptcy Appellate Panel of the First Circuit · 2008
  5. Maroni Ex Rel. Michael M. v. Pemi-Baker Regional School DistrictCourt of Appeals for the First Circuit · 2003

42 more not listed; retrieve them via the Exa API.

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