FESSLER v. HANNAGAN


144 Pa.Commw. 274 (1991)

601 A.2d 462

Joseph A. FESSLER and Ann Fessler, his wife, Appellants, v. Leonora HANNAGAN et al., Appellees.

Commonwealth Court of Pennsylvania.

Decided December 26, 1991.


Attorney(s) appearing for the Case

Joseph Fessler, for appellants.

Donald D. McFadden, for individual appellees.

Patrick E. Dougherty and Joseph J. Hestor, for appellee Hugh Mundy.

Daniel G. Flannery, for appellee City of Wilkes-Barre.

Before PALLADINO and BYER, JJ., and SILVESTRI, Senior Judge.


BYER, Judge.

This appeal raises the novel question of whether, after a civil action commenced in a state court has been removed to and dismissed by a United States District Court, the plaintiffs may file an amended complaint in the original proceedings in the state court. We hold that removal to federal court deprives the state court of subject matter jurisdiction to consider the amended complaint even though the district court dismissed the action.

In 1973...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases