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USATORRES v. MARINA MERCANTE NICARAGUENSES, S.A.

No. 84-5884 Non-Argument Calendar.

768 F.2d 1285 (1985)

Rafael USATORRES and Lidia Usatorres, his wife, Plaintiffs-Appellees, v. MARINA MERCANTE NICARAGUENSES, S.A. d/b/a Mamenic Line, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 1985.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Allan R. Kelley, Miami, Fla., for defendant-appellant.

Jon W. Burke, Miami, Fla., for plaintiffs-appellees.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

PER CURIAM:

The question in this appeal is whether a party removing an action to federal court waives defenses raised in a motion filed in the state court if that motion is not included in the removal petition. The district court summarily denied the appellant's motion for dismissal for lack of proper service. After a jury trial and verdict for the plaintiff, the defendant appealed the denial of the motion to dismiss. We hold that the

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