MONTGOMERY & LARMOYEUX v. PHILIP MORRIS, INC.

No. 97-8959-CIV.

992 F.Supp. 1372 (1998)

MONTGOMERY & LARMOYEUX, a Florida General Partnership, by Robert M. Montgomery, Jr., General Partner, Plaintiff, v. PHILIP MORRIS, INC., R.J. Reynolds Tobacco Company, and Michael Maher, Defendants.

United States District Court, S.D. Florida.

January 14, 1998.


Attorney(s) appearing for the Case

James Beasley, Jr., West Palm Beach, FL, for plaintiffs.

John Romano, Michael Eriksen, West Palm Beach, FL, for defendant Michael Maher.

Joseph Ianno, West Palm Beach, FL, for R.J. Reynolds.

Stephen Susman, Houston, TX, for Philip Morris.

Parker Thomson, Miami, FL, for Lawton Chiles, Jr., and Robert Butterworth.


ORDER OF REMAND

GOLD, District Judge.

Montgomery & Larmoyeux, a Florida law firm, asks the Court to deny removal, and remand this case to the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, for lack of subject matter jurisdiction. The issue before the Court is whether plaintiff's claim against defendant Michael Maher, a citizen of Florida, is so utterly devoid of merit as to be considered frivolous.

I. FACTS

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