Opinion
No. 05-10-00563-CV
Opinion issued July 21, 2010.
On Appeal from the 68th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 10-02706-C.
Before Chief Justice WRIGHT and Justices O'NEILL and MYERS.
MEMORANDUM OPINION
Appellant filed a notice of appeal from the trial court's April 12, 2010 notice to the clerk of the trial court. In the notice, the trial court noted the case had been removed to federal court and directed the clerk to close the file and remove it from the active docket until such time as the case is remanded back to the court. Because it did not appear we have jurisdiction over the appeal, we requested the parties to file letter briefs addressing our jurisdiction. To date, the parties have not responded to our request.
Once a case has been removed from state to federal court, the state court is divested of all jurisdiction over the case. See Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d 82, 83 (Tex. 1993); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 83 (Tex. App.-San Antonio 1996, writ denied). Upon removal, the federal court obtains exclusive jurisdiction over the case and all litigation previously performed in state court is deemed to have been performed in federal court. Stroud, 917 S.W.2d at 83. Because this case has been removed to federal court, this court lacks jurisdiction over this appeal.
Accordingly, we dismiss for want of jurisdiction.