Jesse W. Tolefree v. Ford Motor Credit Company, a Delaware Corporation
Opinion
Opinion
On August 27, 1976 Ford Motor Credit Company (Ford), a Delaware corporation licensed to do business in California, sued Tolefree, a citizen of California, in a state superior court for $5,530.01 when Tolefree defaulted on his truck purchase installment sale contract with Ford.
On September 22, 1976. Tolefree filed a petition for removal of the case to a federal district court alleging diversity of citizenship. After removal was granted on September 30,1976 Tolefree, without service on Ford, moved that the district court dismiss the action for lack of jurisdiction, the amount in controversy being less than $10,-000.
On November 5, 1976 Ford moved that the district court remand the case to the state court on the grounds of improvident removal and lack of federal jurisdiction pursuant to 28 U.S.C. § 1447 (c). The district court granted Ford’s motion for remand and declined to hear Tolefree’s motion to dismiss for lack of the required amount in controversy, for lack of diversity of citizenship, or absence of federal question.
The order for remand is not appealable to this Court. 28 U.S.C. § 1447 (d). See Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 345-52 , 96 S.Ct. 584…