Leobardo Araguz v. Dempsie Clinton and Victoria Clinton

NUMBER 13-18-00526-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
LEOBARDO ARAGUZ, APPELLANT,
v.
DEMPSIE CLINTON AND VICTORIA
CLINTON, ET AL. APPELLEES.
____________________________________________________________
On Appeal from the 107th District Court
of Cameron County, Texas
____________________________________________________________
ORDER
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
On September 25, 2018, appellant advised the Court that appellees City of
Harlingen, Texas, and City of Harlingen, Texas Police Department have filed a “Notice of
Removal” removing the case and all parties to the United States District Court for the
Southern District of Texas, Brownsville Division on September 18, 2018.
Once removal is effected, the state court loses jurisdiction over the case. 28
U.S.C. § 1446(d); Resolution Trust Corp. v. Murray, 935 F.2d 89, 92-93 (5th Cir. 1991).
Any order entered by a state court after the case is removed is void for want of jurisdiction.
Resolution Trust, 935 F.2d at 92-93. Jurisdiction re-vests in the state court when the
federal district court executes the remand order and mails a certified copy to the state
court. Quaestor Invs., Inc. v. Chiapas, 997 S.W.2d 226, 229 (Tex. 1999).
Given these circumstances, we remove this appeal from the Court's docket. This
appeal is abated and will be treated as a closed case. The cause may be reinstated on
prompt motion by any party showing that the cause has been remanded to state court
and specifying what further action, if any, is required from this Court.
PER CURIAM
Delivered and filed
this the 12th day of October, 2018.
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