Brockman v. Merabank

40 F.3d 1013 Shirley BROCKMAN, as natural mother and special conservator of Michael D. Brockman, an incapacitated person, Plaintiff-Appellee, v. MERABANK, a federal savings bank, Defendant, and Resolution Trust Corporation, a corporation, instrumentality an agency of the United States, Defendant-Appellant. No. 93-15505. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1994. Decided Nov. 17, 1994. Phyllis J. Towzey, Carter, Stein, Schaaf & Towzey, St. Petersburg, FL, for defendant-appellant. D. Kim Lough and Julianne C. Wheeler, Jennings & Haug, Phoenix, AZ, for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before: FARRIS and BEEZER, Circuit Judges, and McLAUGHLIN, * District Judge. FARRIS, Circuit Judge: 1 The Resolution Trust Corporation appeals the district court's decision to sua sponte remand this case to state court after the removing party, the Federal Deposit Insurance Corporation, was dismissed from the action. We have jurisdiction, 12 U.S.C. Sec. 1441a(l )(3)(C), and we reverse. FACTS 2 This action was originally commenced in Arizona Superior Court by appellee Shirley Brockman, as natural…