Narrative Opinion Summary
Appellant John Koo-Hyun Kim filed a notice of appeal on May 21, 2007, regarding a case originating in the Travis County District Court. On December 27, 2007, the appellees informed the Texas Court of Appeals that the case had been removed to federal court on March 23, 2007, and provided documentation, including a federal court order from April 19, 2007, which denied the appellant's motion to reconsider the removal. According to 28 U.S.C.A. 1446(d), once a case is removed to federal court, state courts are prohibited from taking further action. Consequently, the Court of Appeals decided to abate the case, treating it as closed, but noted that it could be reinstated if any party submits a motion indicating that the case has been remanded to state court or concluded in federal court. The opinion was filed by Justice David Puryear, with Justices Patterson and Henson participating.
Legal Issues Addressed
Abatement of State Court Proceedingssubscribe to see similar legal issues
Application: The Texas Court of Appeals treated the case as closed due to its removal to federal court, subject to reopening if remanded back to state court.
Reasoning: Consequently, the Court of Appeals decided to abate the case, treating it as closed, but noted that it could be reinstated if any party submits a motion indicating that the case has been remanded to state court or concluded in federal court.
Jurisdiction upon Removal to Federal Courtsubscribe to see similar legal issues
Application: The state court cannot proceed with the case once it is removed to federal court, thus halting any state court actions.
Reasoning: According to 28 U.S.C.A. 1446(d), once a case is removed to federal court, state courts are prohibited from taking further action.