Branch v. Tifton Banking Company
Filing
16
ORDER denying 13 Motion to Stay. Ordered by Judge Hugh Lawson on 8/25/2011. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
TIMOTHY V. BRANCH,
Plaintiff,
v.
Civil Action No. 7:11-CV-45 (HL)
TIFTON BANKING COMPANY,
Defendant.
ORDER
This case is before the Court on the Federal Deposit Insurance Corporation as
Receiver for Tifton Banking Company’s Motion for Stay Pending Appeal (Doc. 13).
The FDIC has filed a notice of appeal relating to the Court’s order remanding this
case to the Superior Court of Tift County. The FDIC now moves the Court to stay its
remand order pending final determination of the appeal.
28 U.S.C. § 1447(d) provides that “[a]n order remanding a case to the State court
from which it was removed is not reviewable on appeal or otherwise.” Section 1447(d)
limits the authority of federal district and appellate courts to review remand orders. In re
Loudermilch, 158 F.3d 1143, 1145 (11th Cir. 1998). The FDIC contends that the Court
has jurisdiction to stay the remand order because the order is appealable under 12
U.S.C. § 1819(b)(2)(C). That code section provides that the FDIC “may appeal any
order of remand entered by any United States district court.” 12 U.S.C. § 1819(b)(2)(C).
“[I]n cases to which the FDIC is a party, this section establishes an independent
exception to the general rule of nonreviewability of remand orders contained in §
1447(d).” First Union Nat. Bank of Fla. v. Hall, 123 F.3d 1374, 1378 (11th Cir. 1997).
The FDIC, however, is not a party to this case. The Superior Court did not enter an
order substituting the FDIC as a party prior to removal, and therefore, § 1819 does not
apply to this case. The Court does not have jurisdiction to stay the remand order.
The Motion to Stay Pending Appeal (Doc. 13) is denied.
SO ORDERED, this the 25th day of August, 2011.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh
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?