First Citizens Bank & Trust Company v. Marian Hunter

U.S. Court of Appeals for the Eleventh Circuit
First Citizens Bank & Trust Company v. Marian Hunter, 568 F. App'x 881 (11th Cir. 2014)

First Citizens Bank & Trust Company v. Marian Hunter

Opinion

PER CURIAM:

Marian Hunter (the Defendant) appeals, presenting two issues. She contends: (1) that the district court erred in remanding this diversity case to the De-Kalb County Superior Court based upon defects in the removal procedure; and (2) that the district court abused its discretion in awarding attorneys’ fees ($2,240.00) to First Citizens Bank & Trust Company (the Plaintiff).

As to the first issue, a three judge panel of this court has entered an order dismissing this appeal of the remand order because this court lacks jurisdiction to review the order. See 28 U.S.C. § 1447(d) (“An order remanding a case to the State Court from which it was removed is not renewable on appeal.”). While this panel has the right to alter, amend or vacate this order under 11th Cir. R. 27-l(g), we decline to do so.

As to the second issue, we conclude that the district court did not abuse its discretion in the fee award pursuant to 28 U.S.C. § 1447(c) because the court did not err in the conclusion that the removal was objectively unreasonable.

The appeal of the remand order stands DISMISSED for lack of our jurisdiction to review it. The award of attorneys’ fees is AFFIRMED.

Reference

Full Case Name
FIRST CITIZENS BANK & TRUST COMPANY, Plaintiff-Appellee, v. Marian HUNTER, Defendant-Appellant
Status
Unpublished