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Edwardo Montoya and Sally Montoya v. David L. Allison Carol M. Allison Lawyers Title Insurance Corporation City of Farmington, New Mexico, a Municipal Corporation Resolution Trust Corporation San Juan County Abstract & Title Company, a New Mexico Corporation Safeco Title Insurance Company, a California Corporation Guardian Abstract & Title Company, a New Mexico Corporation Pioneer National Title Insurance, a Ticor Company, a California Corporation Western Bank and John Does 1-10
Citations: 13 F.3d 406; 1993 U.S. App. LEXIS 37609; 1993 WL 523209Docket: 93-2219
Court: Court of Appeals for the Tenth Circuit; December 14, 1993; Federal Appellate Court
Edwardo and Sally Montoya appealed a remand order from a New Mexico state court to the United States Court of Appeals for the Tenth Circuit after their case was dismissed via summary judgment in favor of several defendants. The Montoyas claimed they could not enforce their rights under the Fourteenth Amendment and sought to remove their case to federal court, referencing 18 U.S.C. §§ 1964 and 1965. Defendants moved to remand the case back to state court, which was granted, prompting the Montoyas' appeal. The Tenth Circuit determined it had jurisdiction to hear the appeal, interpreting the Montoyas' removal attempt as invoking 28 U.S.C. § 1443, which allows certain civil rights cases to be removed to federal court. However, the Court affirmed the district court's remand decision, stating that the statute permits removal only by defendants who claim an inability to enforce their civil rights in state court. As plaintiffs, the Montoyas did not have the right to remove the case, leading to the conclusion that their petition for removal was flawed from the start. The order and judgment issued has no precedential value and may not be cited within the Tenth Circuit, except for establishing legal doctrines such as res judicata or collateral estoppel. Sanctions imposed by the district court are not appealable until a specific amount is determined.