Nelly Uribe v. Willie L. Hilson

• Court: Court of Appeals of Texas
• Decided: February 23, 2012
• Docket: 01-10-00709-CV
• Status: Published

Opinion

Opinion issued February 23, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00709-CV

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NELLY URIBE, Appellant

V.

WILLIE L. HILSON, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 959442

MEMORANDUM OPINION

On August 6, 2010, appellant, Nelly Uribe, filed a notice of appeal with the trial court.[1]  The record reflects that the United States Attorney for the Southern District of Texas filed a “Notice to State Court of Filing of Notice of Removal” with the Harris County Clerk on June 7, 2010.  Upon the filing of said notice, removal was effected.  See 28 U.S.C. § 1446(d).

Once a case has been removed from state to federal court, the state court is divested of all jurisdiction over the case.  See id.; Nat’l S.S. Co. v. Tugman, 106 U.S. 118, 122 (1882); Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d 82, 83 (Tex. 1993) (order); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, 84 (Tex. App.—San Antonio 1996, writ denied).  Because this case had been removed prior to appellant filing a notice of appeal, this court lacks jurisdiction over this appeal.

On November 15, 2011, we notified appellant that her appeal was subject to dismissal for want of jurisdiction unless, by November 29, 2011, she filed a response showing that this Court has jurisdiction.  Appellant did not file an adequate response.

Accordingly, we dismiss the appeal for lack of jurisdiction.  We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.

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[1]              It is unclear to which court and from what appellant is attempting to appeal.  In her notice, appellant states that “the United States Court of Appeals has legal jurisdiction.”  Regardless of to whom or from what appellant is seeking to appeal, this Court does not have jurisdiction.  See 28 U.S.C. § 1446(d).