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ERNEWAYN v. HOME DEPOT U.S.A., INC.

Summary Calendar No. 12-51285.

727 F.3d 369 (2013)

Mary A. ERNEWAYN, Plaintiff-Appellee, v. HOME DEPOT U.S.A., INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 14, 2013.

Attorney(s) appearing for the Case

John Patrick Mobbs, II, Esq. , Humberto Saenz Enriquez , Enriquez Law Firm, P.L.L.C., El Paso, TX, for Plaintiff-Appellee.

Trek C. Doyle , Peyton N. Smith , Karl William Seelbach, Esq. , Winstead, P.C., Austin, TX, for Defendant-Appellant.

Donna C. Peavler , Bryan Kyle Briscoe , Peavler Group, Dallas, TX, for Defendant-Appellant.

Before SMITH, PRADO, and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge.

Mary Ernewayn sued her employer, Home Depot U.S.A., Inc. ("Home Depot"), in state court, claiming that Home Depot's negligence caused her on-the-job injury. The district court remanded after Home Depot removed, and Home Depot appeals the remand. Concluding that we are without jurisdiction, we dismiss the appeal.

I.

Because Home Depot was not a subscriber to the Texas Worker's Compensation Fund, Ernewayn filed a nonsubscriber...

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