American Legion Post 212 vs. Hollis F. Summers, et al

Case Number
E2009-02584-COA-R3-CV

The trial court in this matter granted a motion to dismiss and entered a default judgment for the plaintiff, American Legion Post 212 ("Post 212"). The defendant, Hollis F. Summers ("Mr. Summers"), who was not present at the hearing, had removed the action to federal court days earlier. Under 28 U.S.C. _ 1446(d), once a case is removed to federal court, a state court has no authority to take further action in the matter. Accordingly, because the trial court had no jurisdiction over the case, we must summarily reverse the judgment of the trial court.

Originating Judge
Judge John D. McAfee
Case Name
American Legion Post 212 vs. Hollis F. Summers, et al
Date Filed
Dissent or Concur
No