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POORE v. AMERICAN-AMICABLE LIFE INS. CO. OF TEXAS

No. 99-12705.

218 F.3d 1287 (2000)

Michael POORE, Bruce Bias, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. AMERICAN-AMICABLE LIFE INSURANCE COMPANY OF TEXAS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 20, 2000.

Attorney(s) appearing for the Case

Thomas W. Tucker, Dye, Tucker, Everitt, Long & Brewton, P.A., Augusta, GA, Lewis E. Hassett, Morris, Manning & Martin, Atlanta, GA, Sharon Mollman Elliott, Roberta F. Howell, Gordon Davenport III, Foley & Lardner, Madison, WI, for Defendant-Appellant.

John E. Suthers, Savannah, GA, Billy N. Jones, Jones, Osteen, Jones & Arnold, Hinesville, GA, Paul J. Doolittle, Charleston, SC, Ron Parry and David A. Baker, Arnzen, Parry & Wentz, P.S.C., Covington, KY, for Plaintiffs-Appellees.

Before ANDERSON, Chief Judge, and BLACK and HALL, Circuit Judges.

BLACK, Circuit Judge:

Appellant American-Amicable Life Insurance Company of Texas appeals the district court's order remanding the case filed by Appellees Michael Poore and Bruce Bias to state court pursuant to 28 U.S.C. § 1447(c). Appellant claims the district court did not have the authority to remand the case based on Appellees' post-removal amended complaint. We agree. Accordingly, we reverse the district court's order and remand with instructions.

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