First Citizens Bank & Trust Co v. Marian Hunter, et al


Opinion issued by court as to Appellant Marian Hunter. Decision: Affirmed in part and Dismissed in part. Opinion type: Non-Published. Opinion method: Per Curiam.

Download PDF
Case: 13-15475 Date Filed: 06/13/2014 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT __________________________ No. 13-15475 Non-Argument Calendar __________________________ D.C. Docket No. 1:13-cv-00243-SCJ FIRST CITIZENS BANK & TRUST COMPANY, Plaintiff-Appellee, versus MARIAN HUNTER, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (June 13, 2014) Before WILSON, ANDERSON, and COX, Circuit Judges. PER CURIAM: Marian Hunter (the Defendant) appeals, presenting two issues. She contends: (1) that the district court erred in remanding this diversity case to the Case: 13-15475 Date Filed: 06/13/2014 Page: 2 of 2 DeKalb County Superior Court based upon defects in the removal procedure; and (2) that the district court abused its discretion in awarding attorneys’ fees ($2,240.00) to First Citizens Bank & Trust Company (the Plaintiff). As to the first issue, a three-judge panel of this court has entered an order dismissing this appeal of the remand order because this court lacks jurisdiction to review the order. See 28 U.S.C. §1447(d) (“An order remanding a case to the State Court from which it was removed is not reviewable on appeal.”). While this panel has the right to alter, amend or vacate this order under 11th Cir. R. 27-1(g), we decline to do so. As to the second issue, we conclude that the district court did not abuse its discretion in the fee award pursuant to 28 U.S.C. § 1447(c) because the court did not err in the conclusion that the removal was objectively unreasonable. The appeal of the remand order stands DISMISSED for lack of our jurisdiction to review it. The award of attorneys’ fees is AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?