1. Home
  2. Browse Decisions
  3. F.3d
  4. 484 F.3d
  5. 484 F.3d 1293 (2007)
 

FLORENCE v. CRESCENT RESOURCES, LLC

Nos. 06-13587, 06-13588, 06-13589 and 06-14206.

484 F.3d 1293 (2007)

Annette FLORENCE, Plaintiff-Appellant, v. CRESCENT RESOURCES, LLC, a foreign corporation, Rinehart Development & Investment Group, LLC, a Florida corporation, Defendants-Appellees. William Burke, Plaintiff-Appellant, v. Crescent Resources, LLC, a foreign corporation, Rinehart Development & Investment Group, LLC, a Florida corporation, Defendants-Appellees. Lethesa Reliford, as Personal Representative for the Estate of Ceola Reliford, Plaintiff-Appellant, v. Crescent Resources, LLC, a foreign corporation, Rinehart Development & Investment Group, LLC, a Florida corporation, Defendants-Appellees. Robert Burns, Plaintiff-Appellant, v. Crescent Resources, LLC, a foreign corporation, Rinehart Development & Investment Group, LLC, a Florida corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 18, 2007.

Attorney(s) appearing for the Case

Elizabeth Koebel Russo, Russo App. Firm, P.A., South Miami, FL, John R. Overchuck, Paul G. Byron, Overchuck, De Marco, Byron & Overchuck, P.A., Winter Park, FL, for Plaintiffs-Appellants.

David A. Shontz, Michael L. Gore, Alfred J. Bennington, Jr., Shutts & Bowen, LLP, Orlando, FL, Sylvia H. Walbolt, Carlton Fields, P.A., Tampa, FL, for Defendants-Appellees.

Jonathan L. Gaines, Russo App. Firm, P.A., South Miami, FL, for Burns.

Before DUBINA and COX, Circuit Judges, and SCHLESINGER, District Judge.

COX, Circuit Judge:

We address in these appeals the question of fraudulent joinder of a resident defendant in the context of removal jurisdiction. Applying the rule that any ambiguity or doubt about whether state law might impose liability on a resident defendant favors remand, we conclude that the district court should have remanded these cases to state court.

I. PROCEDURAL HISTORY

Plaintiffs Annette Florence, William Burke, Robert Burns, and Lethesa...

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