Arnold Crossroads, L.L.C., et al. v. Gander Mountain Co., No. 13-2020 (8th Cir. 2014)
Annotate this CaseArnold filed suit against Gander in Missouri state court alleging breach of a commercial lease. Gander initiated removal to federal court three times but the district court remanded to the state court. On appeal, Gander challenged the district court's remand of the misrepresentation claim of intervenor, the City of Arnold, which Gander removed on the eve of trial in state court. The court concluded that the underlying basis for the district court's remand order now under review was its observation that Gander was again attempting to remove part of a state case more than one year after it had been initiated. The court dismissed the appeal for lack of jurisdiction because the district court's remand decision was based on the 28 U.S.C. 1447(c) procedural flaw of untimely removal.
Court Description: Civil case - Appellate Procedure. Where the district court remanded the case to state court on the ground the action had been removed to federal court more than a year after the state court action had been commenced, this court lacks jurisdiction over the appeal of the remand order for 28 U.S.C. Sec. 1447(d) bars review of dismissals based on a Section 1447(c) procedural defect. Judge Smith, dissenting.
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