Oviedo v. Hallbauer, et al., No. 10-20736 (5th Cir. 2011)
Annotate this CaseAppellant filed suit in the 9th District Court for Montgomery County, Texas, against defendants, alleging claims of negligence resulting in personal injury in the course of her treatment while pregnant. Plaintiff appealed from the decision of the district court dismissing the case after (1) refusing to remand her state court medical negligence claim against two purportedly federally-affiliated doctors, (2) vacating her state court default judgment, and (3) substituting the United States as a defendant. The court agreed with appellant that the finality of the state court judgment at the time of removal made removal improper on these facts. Therefore, the court vacated the September 29, 2010 judgment and rendered a judgment of dismissal for want of jurisdiction in the federal district court.
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