RESOLUTION TRUST CORP. v. FRAGETTI

Nos. 93-3303, 93-4622, 94-4030, 94-4037, 94-4038 and 94-4039, Non-Argument Calendars.

49 F.3d 715 (1995)

RESOLUTION TRUST CORPORATION, as Conservator of Carteret Federal Savings Bank, F.A., Plaintiff-Counterclaim-Defendant-Appellant, v. Thomas FRAGETTI; Diane Fragetti, Defendants-Counterclaim-Plaintiffs-Appellees, John Doe; Jane Doe, Defendants. RESOLUTION TRUST CORPORATION, as Conservator of Carteret Savings Bank, F.A. and as Receiver of Carteret Savings Bank, F.A., Plaintiff-Appellant, v. Joseph MACCHITELLI, husband, Francine Macchitelli, wife, Defendants-Appellees. RESOLUTION TRUST CORPORATION, in its capacity as Conservator of Carteret Federal Savings Bank, F.A. and its capacity as Receiver of Carteret Savings Bank, F.A., Plaintiff-Appellant, v. Kazuyuki KAMEDA, Taneko Kameda, Evergreen at Port St. Lucie Condominium Association, Inc., a Florida Corporation, John Doe and Jane Doe, his wife or her husband, if she or he are married, Defendants-Appellees. RESOLUTION TRUST CORPORATION, in its capacity as Conservator of Carteret Federal Savings Bank, F.A. and in its capacity as Receiver of Carteret Savings Bank, F.A., Plaintiff-Appellant, v. Milagros B. ADARNA, Defendant-Appellee, John Doe and Jane Doe, his wife or her husband, if she or he are married, Defendants. RESOLUTION TRUST CORPORATION, in its capacity as Conservator of Carteret Federal Savings Bank, F.A. and in its capacity as Receiver of Carteret Savings Bank, F.A., Plaintiff-Appellant, v. Vince MALORNI; Ruth Malorni; Evergreen at Port St. Lucie Condominium Association, Inc., a Florida Corporation, Defendants-Appellees. RESOLUTION TRUST CORPORATION, in its capacity as Conservator of Carteret Federal Savings Bank, F.A. and in its capacity as Receiver of Carteret Savings Bank, F.A., Plaintiff-Appellant, v. Bertie LOWE, Millicent Lowe, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 11, 1995.


Attorney(s) appearing for the Case

Raoul G. Cantero, III, Miami, FL, for appellant in No. 93-3303.

Reginald J. Clyne, Mitchell Williams & Clyne, P.A., Coral Gables, FL, for appellant in No. 93-4622.

Raoul G. Cantero, III, David Lawrence, III, Adorno & Zeder, P.A., Miami, FL, for appellant in Nos. 94-4030, 94-4037, 94-4038 and 94-4039.

Steven M. Greenberg, South Miami, FL, for appellees in Nos. 93-3303, 94-4037, 94-4038 and 94-4039.

Douglas S. Lyons, Lyons and Farrar, P.A., Coral Gables, FL, for appellees in No. 94-4030.

Before BIRCH, BLACK and CARNES, Circuit Judges.


CARNES, Circuit Judge:

This is a consolidated appeal from district court orders remanding these six cases back to state court. The issue in each case is whether the district courts' decisions that the removal in each case had been untimely are erroneous in light of a 1991 amendment to the removal provision of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 12 U.S.C.A. § 1441a(l)(3)(B) (Supp.1994). We hold that these decisions...

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