Meyerland Co. v. Federal Deposit Insurance Corp.

Texas Supreme Court

Meyerland Co. v. Federal Deposit Insurance Corp.

848 S.W.2d 82, 36 Tex. Sup. Ct. J. 495, 1993 Tex. LEXIS 4

CourtTexas Supreme Court

DecidedJanuary 27, 1993

DocketD-2893

StatusPublished

Cited by36 cases

This text of 848 S.W.2d 82 (Meyerland Co. v. Federal Deposit Insurance Corp.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Meyerland Co. v. Federal Deposit Insurance Corp., 848 S.W.2d 82, 36 Tex. Sup. Ct. J. 495, 1993 Tex. LEXIS 4 (Tex. 1993).

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Opinion

*83 ORDER

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.

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*83 ORDER

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.

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Bluebook (online)

848 S.W.2d 82, 36 Tex. Sup. Ct. J. 495, 1993 Tex. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyerland-co-v-federal-deposit-insurance-corp-tex-1993.

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