Dale L. Ziegler v. Champion Mortg. Co., 913 F.2d 228 (5th Cir. 1990). · Go Syfert
Dale L. Ziegler v. Champion Mortg. Co., 913 F.2d 228 (5th Cir. 1990). Cases Citing This Book View Copy Cite
“procedurally, a court may consider remand only if the parties raise the issue; conversely, a court may consider the existence of subject matter jurisdiction on its own motion.”
74 citation events (23 in the last 25 years) across 9 distinct courts.
Strongest positive: Kopp v. White Swan Transportation LLC (txwd, 2024-09-12)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 38 distinct citers.
discussed Cited as authority (verbatim quote) Neroni
E.D. La. · 2025 · quote attribution · 1 verbatim quote · confidence high
procedurally, a court may consider remand only if the parties raise the issue; conversely, a court may consider the existence of subject matter jurisdiction on its own motion.
discussed Cited as authority (verbatim quote) Kopp v. White Swan Transportation LLC
W.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
finding a want of complete diversity and no other basis for jurisdiction in the record, we to remand the case to the state courts.
discussed Cited as authority (rule) Barham v. Beckum
S.D. Miss. · 2025 · confidence medium
But the Court lacks jurisdiction over these claims under the doctrine.3 , 354 F. App’x at 111 (explaining “[t]he doctrine deprives federal courts of subject matter jurisdiction in cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments” (citation modified)); [33] at 8. 3 “Federal courts are courts of limited jurisdiction; therefore, we have a constitutional obligation to satisfy ourselves that subject matter jurisdiction is pro…
cited Cited as authority (rule) Elmen Holdings v. Martin Marietta
5th Cir. · 2023 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir. 1990).
discussed Cited as authority (rule) City Land Properties LLC v. Federal Emergency Management Agency
E.D. La. · 2022 · confidence medium
Therefore, “a court must consider the existence of subject matter jurisdiction on its own motion.” F.D.I.C. v. Loyd, 955 F.2d 316, 323 (5th Cir. 1992) (quoting Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990)).
cited Cited as authority (rule) JSW Diversified, L.L.C. v. ATMA Energy, LLC
W.D. Tex. · 2022 · confidence medium
Co., 913 F.2d 228, 230 (5th Cir. 1990)).
cited Cited as authority (rule) Devin Barrios v. Centaur, L.L.C.
5th Cir. · 2019 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir. 1990).
cited Cited as authority (rule) Jones v. Moore
E.D. La. · 2019 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir. 1990).
cited Cited as authority (rule) Texas v. Kleinert
5th Cir. · 2017 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir. 1990). .
cited Cited as authority (rule) in Re Richard Stephen Calkins
Tex. App. · 2015 · confidence medium
See 28 U.S.C. § 1447 (c); Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th CiT. 1990).
discussed Cited as authority (rule) Wylie v. Bank of New York Mellon
E.D. La. · 2012 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir.1990) (stating that the law is "well settled that the parties cannot waive a want of subject matter jurisdiction”) (citing Sosna v. Iowa, 419 U.S. 393 , 95 S.Ct. 553 , 42 L.Ed.2d 532 (1975) (disallowing waiver by express agreement); American Fire & Cas.
discussed Cited as authority (rule) Bridgmon v. Array Systems Corp
5th Cir. · 2003 · confidence medium
The “parties cannot waive a want of subject matter jurisdiction.” Hospitality House, Inc. v. Gilbert, 298 F.3d 424, 429 (5th Cir. 2002) (quoting Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir. 1990)).
discussed Cited as authority (rule) Bridgmon v. Array Systems Corp.
5th Cir. · 2003 · confidence medium
The “parties cannot waive a want of subject matter jurisdiction.” Hospitality House, Inc. v. Gilbert, 298 F.3d 424, 429 (5th Cir.2002) (quoting Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990)).
discussed Cited as authority (rule) ca5 2003
5th Cir. · 2003 · confidence medium
The "parties cannot waive a want of subject matter jurisdiction." Hospitality House, Inc. v. Gilbert, 298 F.3d 424, 429 (5th Cir.2002) ( quoting Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990)).
discussed Cited as authority (rule) Hospitality House, Inc v. Gilbert
5th Cir. · 2002 · confidence medium
See Timpanogos Tribe v. Conway, 286 F.3d 1195, 1201 (10th Cir.2002) ("[B]ecause we have appellate jurisdiction over the interlocutory appeal of defendants' assertion of Eleventh Amendment immunity, we also have appellate jurisdiction to determine whether the district court had subject matter jurisdiction over the Tribe's underlying claim against defendants in the first instance."); cf. Texas v. Real Parties in Interest, 259 F.3d 387, 391 (5th Cir.2001) (noting that "[w]ith appellate jurisdiction [over the state's interlocutory appeal of the denial of Eleventh Amendment immunity] established," …
cited Cited as authority (rule) Hospitality House, Inc v. Gilbert
5th Cir. · 2002 · confidence medium
Initially, we note that "parties cannot waive a want of subject matter jurisdiction." Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited as authority (rule) Banihashemrad v. Lufthansa Cargo AG
W.D. Tex. · 1998 · confidence medium
See 28 U.S.C. § 1447 (c); Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990) (holding that federal courts may remand for lack of subject matter jurisdiction at any time sua sponte).
examined Cited as authority (rule) Marathon Oil Co. v. Ruhrgas (8×) also: Cited "see"
5th Cir. · 1998 · confidence medium
Today we follow our holding in Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229-30 (5th Cir.1990).
discussed Cited as authority (rule) Gandy v. Peoples Bank and Trust Co.
S.D. Miss. · 1998 · confidence medium
Federal Deposit Insurance Corp. v. Loyd, 955 F.2d 316, 323 (5th Cir. 1992) (citing Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990)) (“a court must consider the existence of subject matter jurisdiction on its own motion”).
discussed Cited as authority (rule) Jones v. Malaco Music
S.D. Miss. · 1998 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir.1990) (federal courts are courts of limited jurisdiction); Marshall v. Gibson’s Products, Inc. of Plano, 584 F.2d 668 , 672 (5th Cir.1978) (it is a principle of preeminence in federal jurisprudence that federal courts are courts of limited jurisdiction); Langley v. Jackson State University, 14 F.3d 1070, 1073 (5th Cir.1994) (a federal district court is a court of limited jurisdiction, and burden of establishing jurisdiction is on the party claiming it); Point Landing, Inc. v. Omni Capital International, Ltd., 795 F.2d 415, 422 (5th Cir.1986) (as courts of limi…
cited Cited as authority (rule) Still v. Georgia-Pacific Corp.
S.D. Miss. · 1997 · confidence medium
Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
discussed Cited as authority (rule) Kramer v. Smith Barney
5th Cir. · 1996 · confidence medium
Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990). 13 Under the well-pleaded complaint rule, a case does not "arise under" federal law and is not removable if the complaint asserts only state law causes of action.
cited Cited as authority (rule) Texas Department of Housing and Community Affairs, F/k/a Texas Housing Agency v. Verex Assurance, Inc., Verex Assurance, Inc.
5th Cir. · 1995 · confidence medium
Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited as authority (rule) Liberty Mutual Insurance Company v. Ward Trucking Corp.
3rd Cir. · 1995 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir.1990).
discussed Cited as authority (rule) Liberty Mutual Insurance v. Ward Trucking Corp. (2×)
3rd Cir. · 1995 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir.1990).
discussed Cited as authority (rule) In re Allstate Ins. Co.
5th Cir. · 1993 · confidence medium
The statute was phrased in the conjunctive; the court could remand provided that (continued...) 6 the thrust of Medscope's reading, we find it more than balanced in this regard by the dictum in Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir. 1990), which states that considering a motion to remand is both procedurally and substantively different from inquiring into the existence of subject matter jurisdiction.
discussed Cited as authority (rule) In Re Allstate Insurance Company (2×)
5th Cir. · 1993 · confidence medium
Respondent Washburn points to our statement in Medscope Marine, 972 F.2d at 109-10, that the amended statute "is a mere reconstitution of the existing statute and jurisprudence, with the addition of a strict time limitation on the privilege of filing remand motions," to advance his argument that the court still may remand sua sponte. 6 While we acknowledge the thrust of Medscope's reading, we find it more than balanced in this regard by the dictum in Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990), which states that 14 considering a motion to remand is both procedurally and …
cited Cited as authority (rule) Federal Sav. and Loan Ins. Corp. v. Shelton
M.D. La. · 1992 · confidence medium
Co., 913 F.2d 228, 229 (5th Cir.1990). 17 .
cited Cited as authority (rule) Federal Deposit Insurance v. Loyd
5th Cir. · 1992 · confidence medium
Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990) (emphasis added).
discussed Cited as authority (rule) Federal Deposit Insurance Corporation v. Loyd
1st Cir. · 1992 · confidence medium
Procedurally, a court may consider remand only if the parties raise the issue; conversely, a court must consider the existence of subject matter jurisdiction on its own motion. 44 Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990) (emphasis added).
cited Cited as authority (rule) Sarmiento v. Texas Board of Veterinary Medical Examiners
5th Cir. · 1991 · confidence medium
See American Fire & Casualty Co. v. Finn, 341 U.S. 6 , 71 S.Ct. 534, 541-42 , 95 L.Ed. 702 (1951); Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited as authority (rule) Sarmiento v. Texas Board of Veterinary Medical Examiners ex rel. Avery
5th Cir. · 1991 · confidence medium
See American Fire & Casualty Co. v. Finn, 341 U.S. 6 , 71 S.Ct. 534, 541-42 , 95 L.Ed. 702 (1951); Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited as authority (rule) Victor C. Baris v. Sulpicio Lines, Inc., Caltex Petroleum, Inc., Caltex Petroleum Corporation, and Caltex Oil Corporation
5th Cir. · 1991 · confidence medium
See, e.g., Nolan v. Boeing Co., 919 F.2d 1058 , 1061 (5th Cir.1990); Ziegler v. Champion Mortgage Co., 913 F.2d 228, 230 (5th Cir.1990); Carrollton-Farmers Branch Indep.
discussed Cited "see" Melder v. Allstate Corp. (2×)
5th Cir. · 2005 · signal: see · confidence high
See Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir. 1990).
cited Cited "see" Melder v. Allstate Corp.
5th Cir. · 2005 · signal: see · confidence high
See Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited "see" Rue Esplanade Unit Owners Assoc., Inc. v. Interval International, Inc.
E.D. La. · 2004 · signal: see · confidence high
See Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
cited Cited "see" Hospitality Hse Inc v. Gilbert
5th Cir. · 2002 · signal: see · confidence high
See Catlin v. United States, 324 U.S. 229, 236 (1945). 7 matter jurisdiction.” Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir. 1990).
cited Cited "see" Aetna Casualty & Surety Co. v. Iso-Tex, Inc.
5th Cir. · 1996 · signal: see · confidence high
See Ziegler v. Champion Mortgage Co., 913 F.2d 228, 229 (5th Cir.1990).
Dale L. ZIEGLER, Plaintiff-Appellant,
v.
CHAMPION MORTGAGE COMPANY, Et Al., Defendants-Appellees
89-3829.
Court of Appeals for the Fifth Circuit.
Oct 1, 1990.
913 F.2d 228
R. Ray Orrill, Jr., Robert F. Shearman, Orrill & Shearman, New Orleans, La., for plaintiff-appellant., David Havman, Benjamin J. Trombatore, Kenner, La., Peter D. Lepiscopo, San Diego, Cal., for defendants-appellees.
Gee, Politz, Barksdale.
Cited by 50 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 86%
Citer courts: Eighth Circuit (1) · D. New Jersey (1)
GEE, Circuit Judge:

In this diversity case, we raise the issue of subject matter jurisdiction on our own motion. Finding a want of complete diversity and no other basis for jurisdiction in the record, we vacate the judgment of the trial court with instructions to remand the case to the state courts. We do not reach appellant’s points of error.

Facts

In July 1985, appellant Dale L. Ziegler filed suit in Louisiana state court alleging that appellee Champion Mortgage Co. (Champion), J.C. David, J.C. David Enterprises, Inc., and Irving Zeringue were liable for breach of contract, misrepresentation, and negligence. The record indicates that the claims in this action are governed by state law, and for purposes of diversity, the citizenship of the parties is as follows: Mr. Ziegler, Louisiana; Champion, California; Mr. David, Louisiana; J.C. David Enterprises, Louisiana. Champion, Mr. David, and J.C. David Enterprises were served in early August 1985. On August 29, 1985, Champion alone filed notice of removal, which transferred control of the entire case to the Eastern District of Louisiana [1] Shortly after filing its notice of removal, Champion filed a motion to dismiss for lack of personal jurisdiction; the trial court granted Champion’s motion. Subsequently, Mr. Ziegler filed a motion to remand; but the trial court dismissed this motion, reasoning that Champion’s earlier dismissal made remand moot. Eventually the trial court entered final judgment with respect to the other defendants; and Mr. Ziegler appeals from that judgment, contending that the trial court committed error by not considering his motion to remand.

Subject Matter Jurisdiction — a Threshold Inquiry

Federal courts are courts of limited jurisdiction; therefore, we have a constitutional obligation to satisfy ourselves that subject matter jurisdiction is proper before we engage the merits of an appeal. Indeed, the Supreme Court has said that “[a]n appellate federal court must satisfy itself not only of its own jurisdiction, but also of that of the lower courts in a cause under review.” Mitchell v. Maurer, 293 U.S. 237, 244, 55 S.Ct. 162, 165, 79 L.Ed. 338 (1934); see also Warren G. Kleban Eng’g Corp. v. Caldwell, 490 F.2d 800, 802 n. 1 (5th Cir.1974). Thus, we raise the issue of subject matter jurisdiction on our own motion.

From time immemorial, the Supreme Court has interpreted diversity jurisdiction to require that no party be a citizen of the same state as any opposing party. See Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806). The law is also well settled that the parties cannot waive a want of subject matter jurisdiction. See Sosna v. Iowa, 419 U.S. 393, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975) (disallowing waiver by express agreement); American Fire & Cas. Co. v. Finn, 341 U.S. 6, 71 S.Ct. 534, 95 L.Ed. 702 (1951) (disallowing waiver by estoppel); Mitchell v. Maurer, 293 U.S. 237, 55 S.Ct. 162, 79 L.Ed. 338 (1934) (disallowing waiver by silent acquiescence); Amco Constr. Co. v. Mississippi State Building Comm’n, 602 F.2d 730 (5th Cir.1979) (disallowing waiver by estoppel).

In light of the record, we find the issue of subject matter jurisdiction dispositive of this case. Mr. Ziegler is a citizen of Louisiana as are Mr. David and J.C. David Enterprises. Both Mr. David and J.C. David Enterprises are real parties in interest, whose citizenship must be considered. Furthermore, Champion’s notice of removal[*230] cannot waive a defect in subject matter jurisdiction. For these reasons, complete diversity is lacking; and neither we nor the trial court have ever possessed jurisdiction over this case. For completeness, we note that the record contains no other basis for subject matter jurisdiction and that the doctrines of pendant and ancillary jurisdiction were neither considered by the trial court nor are they applicable to the facts of this case. Accordingly, we vacate the judgment of the trial court, with directions that it remand the case to the state courts. See Warren G. Kleban Eng’g Corp. v. Caldwell, 490 F.2d 800, 803 n. 2 (5th Cir.1974).

Finding the issue of subject matter jurisdiction dispositive, we do not reach Mr. Ziegler’s contention that the trial court erred by refusing to consider his motion for remand. We do note, however, that considering a motion to remand is both procedurally and substantively different from inquiring into the existence of subject matter jurisdiction. Procedurally, a court may consider remand only if the parties raise the issue; conversely, a court must consider the existence of subject matter jurisdiction on its own motion. Substantively, the scope of removal jurisdiction can be narrower than that of subject matter jurisdiction. For example, assuming complete diversity is present in an action filed in Louisiana state court, a Louisiana defendant may not remove the action to federal court even though subject matter jurisdiction is proper. Thus, resting as it does on the broader issue of subject matter jurisdiction, our decision today does not affect this Court’s holding in Walker v. Savell, 335 F.2d 536 (5th Cir.1964).

Conclusion

Raising the issue of subject matter jurisdiction on our own motion, we find jurisdiction lacking; therefore, we VACATE the judgment of the trial court with instructions that it remand the case to the state courts.

VACATED with instructions.

1

. The ground of removal is doubtful, the petition referring to the clearly inapplicable 28 U.S.C. § 1442(a) (federal officers) but its context indicating diversity. At all events, the conceivably applicable § 1441(c) is not referenced.