Weiser v. Bierbrouwerij

District Court of Appeal of Florida

Weiser v. Bierbrouwerij

430 So. 2d 986, 1983 Fla. App. LEXIS 22437

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 1983

DocketNo. 82-1797

StatusPublished

Cited by3 cases

This text of 430 So. 2d 986 (Weiser v. Bierbrouwerij) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Weiser v. Bierbrouwerij, 430 So. 2d 986, 1983 Fla. App. LEXIS 22437 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The trial court on its own motion, more than one year after a cause had been removed to' the local Federal District Court, dismissed the cause for lack of prosecution.

We reverse with directions to reinstate the cause. Once a matter is removed to the federal court, a state trial court and its judge have no jurisdiction over the matter and cannot dismiss it. Rutas Aereas Nacionales, S.A. v. Cauley & Martin, Inc., 160 So.2d 168 (Fla. 3d DCA 1964); Medrano v. Texas, 580 F.2d 803 (5th Cir.1978); Hop-son v. North American Insurance Company, 71 Idaho 461, 233 P.2d 799 (1951); People v. Martin-Trigona, 28 Ill.App.3d 605, 328 N.E.2d 362 (1975); 28 U.S.C., Sec. 1446(e).

Reversed and remanded with directions.¹

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PER CURIAM.

The trial court on its own motion, more than one year after a cause had been removed to' the local Federal District Court, dismissed the cause for lack of prosecution.

We reverse with directions to reinstate the cause. Once a matter is removed to the federal court, a state trial court and its judge have no jurisdiction over the matter and cannot dismiss it. Rutas Aereas Nacionales, S.A. v. Cauley & Martin, Inc., 160 So.2d 168 (Fla. 3d DCA 1964); Medrano v. Texas, 580 F.2d 803 (5th Cir.1978); Hop-son v. North American Insurance Company, 71 Idaho 461, 233 P.2d 799 (1951); People v. Martin-Trigona, 28 Ill.App.3d 605, 328 N.E.2d 362 (1975); 28 U.S.C., Sec. 1446(e).

Reversed and remanded with directions.¹

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430 So. 2d 986, 1983 Fla. App. LEXIS 22437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiser-v-bierbrouwerij-fladistctapp-1983.

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