Holpin et al v. Deutsche Bank National Trust Company, as Trustee
||Sara Holpin and Lennie Holpin
||Deutsche Bank National Trust Company, as Trustee
||June 21, 2013
||US District Court for the Northern District of Texas
||Fort Worth Office
|Nature of Suit:
||Real Property: Other
|Cause of Action:
||28:1332 Diversity-Breach of Contract
|Jury Demanded By:
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|August 12, 2013
Memorandum Opinion and Order: To summarize, the court is convinced that there is no legitimate dispute in this action over ownership to the property, only plaintiffs' efforts to extend the time they can stay on the property and delay the sal e of the property through foreclosure. No information has been provided to the court that would enable the court to place a value on the interest plaintiffs seek to protect by this action. Thus, defendant has not shown by a preponderance of the ev idence that the amount in controversy in this action exceeds $75,000, exclusive of interest and costs. Consequently, the court lacks subject matter jurisdiction over the action, and it should be remanded to the state court from which it was removed. The court ORDERS that this action be, and is hereby, remanded to the state court from which it was removed. (Ordered by Judge John McBryde on 8/12/2013) (mdf)
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