From Casetext: Smarter Legal Research

Weiser v. Bierbrouwerij

District Court of Appeal of Florida, Third District
May 10, 1983
430 So. 2d 986 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1797.

May 10, 1983.

Appeal from the Circuit Court, Dade County, Dick C.P. Lantz, J.

Myers, Kenin, Levinson, Ruffner, Frank Richards and William M. Grodnick, Miami, for appellant.

Kelly, Black, Black Earle and Joseph W. Beasley, Miami, Orans, Elsen Lupert, New York City, for appellees.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


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); Hopson 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. § 1446(e).

Reversed and remanded with directions.

Costs allowable by Rule 9.400 Fla.R.App.P. for prosecuting this appeal shall not be allowable until a final determination in the trial court and then only if the appellant herein is the prevailing party in the trial court shall he then be accorded costs as provided for in Rule 9.400 supra.


Summaries of

Weiser v. Bierbrouwerij

District Court of Appeal of Florida, Third District
May 10, 1983
430 So. 2d 986 (Fla. Dist. Ct. App. 1983)
Case details for

Weiser v. Bierbrouwerij

Case Details

Full title:SHERWOOD M. WEISER, APPELLANT, v. GROLSCHE BIERBROUWERIJ, B.V., A DUTCH…

Court:District Court of Appeal of Florida, Third District

Date published: May 10, 1983

Citations

430 So. 2d 986 (Fla. Dist. Ct. App. 1983)

Citing Cases

Preston v. Allstate Ins. Co.

Allstate filed a notice of removal in the United States District Court for the Southern District of Florida.…

Hiroko Sugimoto v. Exportadora de Sal, S.A. de C.V.

The only question presented to us here is whether the procedural posture of the present case should be…