Noble v. Bradford Marine, Inc.
United States District Court for the Southern District of Florida
789 F. Supp. 395 (S.D. Fla. 1992)
Noble (plaintiff) and Muir (plaintiff) each filed an action in Florida state court against Bradford Marine, Inc. (Bradford) (defendant) after their respective vessels were destroyed while anchored in Bradford’s mooring facility. The plaintiffs’ vessels were destroyed when another boat, owned by Prime Time Charters, Inc. (Prime Time) (defendant), caught fire and cast flaming debris upon the plaintiffs’ vessels. Noble and Muir amended their complaints to add Prime Time as a party. Nearly ten months after the initial complaint was filed against Bradford, Prime Time removed each case to federal court within thirty days of the amended complaints. Pursuant to 28 U.S.C. § 1447(c), a defendant must remove a case to federal court within thirty days of the initial pleading. The U.S. District Court, sua sponte, questioned its removal jurisdiction in the matter.
Rule of Law
Holding and Reasoning (Paine, J.)