JAMES KIMBROUGH, PLAINTIFF-APPELLEE,
v.
BOWMAN TRANSPORTATION, INC., DEFENDANT-APPELLANT
JAMES KIMBROUGH, PLAINTIFF-APPELLEE,
BOWMAN TRANSPORTATION, INC., DEFENDANT-APPELLANT
929 F.2d 599
Court of Appeals for the Eleventh Circuit (1991)
Caution
Cited by 24 cases
Opinion of the Court
BY THE COURT:
The parties joint motion to withdraw the suggestion of rehearing en banc and the motion to remand for determination of attorneys’ fees, based on settlement, is GRANTED. The panel opinion, published at 920 F. 2d 1578 (11th Cir.1991) is VACATED. The judgment of the district court is VACATED and the case is REMANDED to the district court with instructions that the case be dismissed. United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).
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Citator
Cited By (12 total)
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Aquamar S.A. v. DEL Monte Fresh Produce N.A., Inc., 179 F.3d 1279 (11th Cir. 1999)…”). The “matter of substantive law exception” itself has an exception: It does not apply when “the substantive issue is intrinsic to the district court’s decision to remand for lack of subject matter jurisdiction.” Calderon v. Aerovias Nacionales, 929 F. 2d 599, 602 (11th Cir.1991); see also Glasser, 806 F. 2d at 1540. Because the district court’s order of remand in the cases before us did not resolve any substantive issues, the “matter of substantive law exception” does not allow us to review it. Section…
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Lufkin v. McCALLUM, 956 F.2d 1104 (11th Cir. 1992)…st mitigated against the retroactive application of Owens to parties that relied on the six year statute of limitations established in Jones I); Kimbrough v. Bowman Transp., Inc., 920 F. 2d 1578, 1582-83 (11th Cir.) (same), vacated on other grounds, 929 F. 2d 599 (11th Cir.1991). Thus, this Court recognized that would-be section 1983 plaintiffs had placed legitimate reliance on Jones I and also that it would be unfair to hold such plaintiffs’ suits barred based on the retroactive application of Owens. Becau…
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Sammie Bonner Constr. Co., Inc. v. W. Star Trucks Sales, Inc., 330 F.3d 1308 (11th Cir. 2003)…ourt rules on a matter of substantive law that must be resolved to determine whether the court has jurisdiction over the case, we may not review the court’s ruling on that issue even if it is erroneous. See Calderon v. Aerovias Nacionales de Colom., 929 F. 2d 599, 602 (11th Cir.1991) (“In deciding whether subject matter jurisdiction exists, a district court will reach legal conclusions concerning the presence of diversity or federal question. [Appellant] merely disagrees with the legal conclusion that the di…
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- United States v. Munsingwear, Inc., 340 U.S. 36 (U.S. 1950)
- Kimbrough v. Bowman Transp., Inc., 920 F.2d 1578 (11th Cir. 1991)