Deauville Associates v. Lojoy Corporation
| Decision Date | 05 June 1950 |
| Docket Number | No. 12862.,12862. |
| Citation | 181 F.2d 5 |
| Parties | DEAUVILLE ASSOCIATES, Inc. v. LOJOY CORPORATION et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Samuel J. Kanner, Miami, Fla., Stuart W. Patton, Miami, Fla., Samuel H. Rubin, Detroit, Michigan, for appellant.
Jerome C. Hofmayer, Miami, Fla., Albert M. Lehrman, Miami Beach, Fla., Arthur S. Friedman, Miami, Fla., and Glynn O. Rasco, Miami Beach, Fla., for appellees.
Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.
The suit attacks a title to property acquired under and resting on an order in cause No. 1148-M-Civil in the United States District Court for the Southern District of Florida, and has for its object the nullifying of that order.
Filed in the Circuit Court in and for Dade County, Florida, on April 13, 1949, nine days after the date fixed by this court1 for plaintiff's permitted intervention in the court below, it was brought to circumvent and nullify that determination by attempting to relitigate in the state court matters which had been finally determined in the federal court.
On April 21, it was removed to the federal court on the ground that the suit was one arising out of an attack upon the validity of an order of sale issued out of the United States District Court for the Southern District of Florida, in No. 1148-M-Civil, and, therefore, was a civil action founded on a claim or right arising under the laws of the United States.
On April 29, defendants, appellees here, filed a motion to dismiss the action because the complaint fails to state a claim against the defendant, and the motion coming on for hearing, the same was, on May 9, 1949, granted, and the suit was dismissed with prejudice.
On May 11, 1949, plaintiff filed in the trial court: (1) its motion to remand; and (2) its motion to vacate the order dismissing plaintiff's complaint. It also filed an amended complaint, in which, still attacking the action of the court in No. 1148-M-Civil, as invalid, it prayed that the court enter a declaratory decree determining and defining the respective rights of the parties, plaintiff and defendants, and further determining that the defendants have no interest in and to the property, but the only interest therein is in the plaintiff.
On May 13, these motions, on notice of the hearing, coming on to be heard, the district court entered two orders. One was an order denying the motion to vacate the May 6, 1949, order which had dismissed its original complaint.
The other was an order: reciting the examination by the court of the original record and proceedings in the cause No. 1148-M-Civil, the decree in which was attacked on the complaint; determining, from that examination, that the plaintiff has no cause of action against the moving defendants; and adjudging, that...
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...for purposes of removal. The appellee American League cites a number of cases to support its contention. See Deauville Associates v. Lojoy Corp., 5 Cir., 1950, 181 F.2d 5; South Dakota Central Ry. Co. v. Continental & Commercial Trust & Savings Bank, 8 Cir., 1919, 255 F. 941; First Nat'l Ba......
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Johnson v. Alexandria Scrap Corp.
...on the basis of a general federal question." 7 J. Moore, Moore's Federal Practice ¶ 60.381 (2nd Ed. 1975), citing Deauville Associates v. Lojoy Corp., 181 F.2d 5 (5 Cir. 1950). Since appellant's claim in the instant action is essentially one claiming fraud as grounds for relief, the distric......
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City of Visalia v. Mission Linen Supply, Inc., CASE NO. 1:19-CV-1809 AWI EPG
...then cited two Fifth Circuit cases, Villareal v. Brown Express, Inc., 529 F.2d 1219, 1221 (5th Cir. 1976) and Deauville Assocs., Inc. v. Lojoy Corp., 181 F.2d 5 (5th Cir. 1950), for the proposition that "an action to obtain relief from a federal judgment presents a general federal question,......
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Eyak Native Village v. Exxon Corp., 93-35274
...a general federal question, which may support removal to federal court. See Villarreal, 529 F.2d at 1221; Deauville Assocs., Inc. v. Lojoy Corp., 181 F.2d 5 (5th Cir.), cert. denied, 340 U.S. 905, 71 S.Ct. 281, 95 L.Ed. 655 (1950); see also 7 James W. Moore, et al., Moore's Federal Practice......