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JACKSON-PLATTS v. GENERAL ELEC. CAPITAL CORP.

No. 11-14379.

727 F.3d 1127 (2013)

Cathy JACKSON-PLATTS, Personal Representative, of the Estate of Juanita Amelia Jackson, f.k.a. Catherine Whatley, Plaintiff-Appellee, v. GENERAL ELECTRIC CAPITAL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 22, 2013.

Attorney(s) appearing for the Case

Joanna M. Greber , Isaac R. Ruiz-Carus , James L. Wilkes, II , James R. Freeman , Bennie Lazzara, Jr. , Blair Mendes , Wilkes & McHugh, PA, Tampa, FL, for Plaintiff-Appellee.

Christopher Todd Handman , Lisa Bonanno , Ellen S. Kennedy , Hogan Lovells US, LLP, Washington, DC, Carol Ann Licko , Hogan Lovells US, LLP, Miami, FL, for Defendant-Appellant.

Before MARCUS and PRYOR, Circuit Judges, and FRIEDMAN, District Judge.

MARCUS, Circuit Judge:

At issue today are two basic questions: whether this cause of action — a supplementary proceeding under Florida Statutes section 56.29(6) — is an independent "civil action" removable to federal district court under 28 U.S.C. § 1441, or whether it is merely an ancillary proceeding; and second, accepting that the cause of action was properly removable, whether the district court abused its discretion by remanding the case to...

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