Opinion · Texas Supreme Court
Meyerland Co. v. Federal Deposit Insurance Corp.
36 Tex. Sup. Ct. J. 495
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 1993-01-27
- Topic
- general
How later courts describe this case
- appellate court’s order dismissing appeal after removal to federal court held void under 28 U.S.C. § 1446(d)
- order entered after removal is void
Citator
UpLaw has not yet analyzed Meyerland Co. v. Federal Deposit Insurance Corp.. The absence of a flag is not a finding that it is good law.
- Cited by
- 36 opinions
*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.