CHASE MANHATTAN MORTG. CORP. v. SMITH

No. 06-4656.

507 F.3d 910 (2007)

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff-Appellee, v. Demetrious Yadirf SMITH; Amy K. Smith, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 14, 2007.


Attorney(s) appearing for the Case

ARGUED: Rose Ann Fleming, Rose Ann Fleming, Professional Corporation, Cincinnati, Ohio, for Appellants. Vladimir P. Belo, Bricker & Eckler, Columbus, Ohio, for Appellee. ON BRIEF: Rose Ann Fleming, Rose Ann Fleming, Professional Corporation, Cincinnati, Ohio, for Appellants. Vladimir P. Belo, Nelson Marlin Reid, Bricker & Eckler, Columbus, Ohio, for Appellee.

Before: MERRITT, ROGERS, and McKEAGUE, Circuit Judges.


ROGERS, Circuit Judge.

After defendants removed a state court foreclosure action to federal district court, plaintiff filed a motion to remand. The district court granted the motion and, pursuant to its discretion under 28 U.S.C. § 1447(c), awarded plaintiff attorney fees and costs incurred as a result of the removal. On appeal, defendants argue that the district court abused its discretion to award fees and costs to plaintiff. Because defendants' removal action...

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