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Meyerland Co. v. F.D.I.C

Supreme Court of Texas
Jan 27, 1993
848 S.W.2d 82 (Tex. 1993)

Summary

stating that once removal is effected the state court must proceed no further unless and until the case is remanded and that state court action after the removal of a case to federal court is void

Summary of this case from Hsin-Chi-Su v. Vantage Drilling Co.

Opinion

No. D-2893.

January 27, 1993.

Appeal from Court of Appeals


This cause was removed from a state court of appeals to federal district court on appeal by the Federal Deposit Insurance Corporation (FDIC). In re Meyerland, 960 F.2d 512 (5th Cir. 1992) (en banc), cert. denied, ___ U.S. ___, 113 S.Ct. 967, 122 L.Ed.2d 123 (1993). Subsequently, the state court of appeals granted the FDIC's motion to dismiss the appeal for want of jurisdiction. 848 S.W.2d 165.

The court of appeals' order of dismissal was void because it occurred after the cause had been removed to federal court. Once removal is effected, "the State court shall proceed no further unless and until the case is remanded." 28 U.S.C. § 1446(d). It is therefore ordered that Petitioners' application for writ of error is granted, the judgment of the court of appeals is vacated, and the cause is remanded to that court to be abated in accordance with this opinion. Tex.R.App.P. 170.


Summaries of

Meyerland Co. v. F.D.I.C

Supreme Court of Texas
Jan 27, 1993
848 S.W.2d 82 (Tex. 1993)

stating that once removal is effected the state court must proceed no further unless and until the case is remanded and that state court action after the removal of a case to federal court is void

Summary of this case from Hsin-Chi-Su v. Vantage Drilling Co.

stating that once removal is effected the state court must proceed no further unless and until the case is remanded and that state court action after the removal of a case to federal court is void

Summary of this case from Hsin-Chi-Su v. Vantage Drilling Co.
Case details for

Meyerland Co. v. F.D.I.C

Case Details

Full title:MEYERLAND COMPANY and William Michael Adkinson, Petitioners, v. FEDERAL…

Court:Supreme Court of Texas

Date published: Jan 27, 1993

Citations

848 S.W.2d 82 (Tex. 1993)

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