DUANE COLE AND SUSAN PERKINS, APPELLANTS,
v.
WELLS FARGO BANK NATIONAL ASSOCIATION, ETC., ET AL., APPELLEES
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Cole and Perkins appealed a foreclosure judgment entered by the trial court after Wells Fargo removed the case to federal court but before the federal court remanded it. The appellate court reversed because the trial court lacked jurisdiction to enter the judgment once the case was removed, as removal divests state courts of jurisdiction until remand.
The trial court lacked jurisdiction to enter the final judgment because filing a notice of removal divests the state court of jurisdiction until the federal court enters an order of remand. Therefore, the judgment entered during this period is void.
[1] A state court lacks jurisdiction to enter a final judgment after a notice of removal to federal court has been filed and before the federal court remands the case.
[2] Proceedings in a state court after a case has been removed to federal court, and prior to remand, are void.
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Join FLexlaw to unlock all legal intelligence“Because the trial court rendered the final judgment after the filing of a notice of removal to federal court and before the federal court remanded the case back to the trial court, the trial court lacked jurisdiction to enter the final judgment.”
States the core jurisdictional issue and establishes the holding that judgment entered during removal period is void.
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Join FLexlaw to unlock all legal intelligenceWells Fargo Bank initiated foreclosure proceedings against Duane Cole and Susan Perkins. During the litigation, Wells Fargo filed a notice of removal …
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Duane Cole and Susan Perkins appeal the final judgment of foreclosure entered against them in favor of Wells Fargo Bank, National Association as Trustee for Soundview Home Loan Trust 2007-OPTS, Asset-Backed Certificates, Series 2007-OPTS (“Wells Fargo”). Because the trial court rendered the final judgment after the filing of a notice of removal to federal court and before the federal court remanded the case back to the trial court, the trial court lacked jurisdiction to enter the final judgment.1 See Musa v. Wells Fargo Del. Tr. Co., 181 So.3d 1275, 1284 (Fla. 1st DCA 2015) (“We hold the final judgment entered by the court below after removal of the case to federal court (and prior to remand) is void because the circuit court no longer had jurisdiction.”); Preston v. Allstate Ins. Co., 627 So.2d 1322, 1324 (Fla. 3d DCA 1993) (concluding that the filing of a notice of removal divests the state court of jurisdiction until the federal court enters an order of remand); see also Maseda v. Honda Motor Co., 861 F.2d 1248, 1254-55 (11th Cir.1988) (“[A]fter removal, the jurisdiction of the state court absolutely ceases and the state court has a duty not to proceed any further in the case. Any subsequent proceedings in state court on the case are void ab initio.” (footnote omitted) (citations omitted)). But see Perez v. Fed. Nat'l Mortg. Ass’n, 200 So.3d 157, 41 Fla. L. Weekly D1445 (Fla. 5th DCA June 17, 2016) (recognizing exception where a state court retains jurisdiction to act when there are multiple filings of removal petitions and the federal court subsequently denies a removal petition asserting the same grounds as previously denied petition (citing Heilman v. Dep’t of Rev., 727 So.2d 958, 960 (Fla. 4th DCA 1998))). Accordingly, we reverse.2
REVERSED.
EVANDER, BERGER and WALLIS, JJ., concur.
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Authorities Cited
- Wilson v. Sandstrom, 317 So. 2d 732 (Fla. 1975)
- Metro. Cas. Ins. Co. v. Stevens, 312 U.S. 563 (U.S. 1941)
- Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248 (11th Cir. 1988)
- Empire World Towers, LLC v. CDR Créances, 89 So. 3d 1034 (Fla. 3d DCA 2012)
- Heilman v. Fla. Dep't OF Revenue, 727 So. 2d 958 (Fla. 4th DCA 1998)
- Preston v. Allstate Ins. Co., 627 So. 2d 1322 (Fla. 3d DCA 1993)
- Joseph A. and Mary Ann Musa v. Wells Fargo Del. Tr. Co., 181 So. 3d 1275 (Fla. 1st DCA 2015)
- Perez v. Fed. Nat'l Mortg. Ass'n, 200 So. 3d 157 (Fla. 5th DCA 2016)