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DB50 2007-1 Trust v. Dixon

The trial court lacked jurisdiction to enter a permanent injunction after the defendants filed a notice of removal to federal district court and before the district court remanded the case.

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This is an appeal from a superior court order permanently enjoining foreclosure of certain property. Because the order was entered after the case had been removed to federal court, the superior court was without jurisdiction and the order must therefore be vacated as void. Bonnie Dixon filed a complaint in Greene County Superior Court against DB50 2007-1 Trust and John Does 1-10, seeking to enjoin DB50 from foreclosing on Dixon’s property in Greensboro, Georgia. The superior court issued a temporary restraining order prohibiting foreclosure until further order of the court. DB50 then removed the case to the United States District Court for the Middle District of Georgia based on alleged diversity of citizenship jurisdiction. On May 17, 2010, DB50 filed notice of that removal in the superior court.

The next day, on May 18, 2010, Dixon filed an amendment to her complaint, identifying Prommis Solutions, LLC, a Georgia company, as an additional defendant in the case. That same day, the superior court held a hearing at which DB50 and Prommis were not present. At the hearing, the trial court announced that it would grant Dixon a permanent injunction. Ten days later, on May 28, 2010, the superior court entered an order permanently enjoining DB50 and Prommis from foreclosing on the property.

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