Gerry R. Lewis, Administrator of the Estate of Willie Benjamin Lewis, Deceased v. C.J. Langenfelder & Son, Jr., Inc., 266 Va. 513

Summary

The Supreme Court of Virginia held that removal of the action to federal court transferred the entire case, including the Jones Act claim, and suspended the state courts’ jurisdiction. Because the federal district court had not remanded the case, the Supreme Court dismissed the appeal without prejudice. The court did not reach the merits of the Jones Act claim or the underlying assignments of error.

Holdings

1. The Supreme Court of Virginia lacked jurisdiction to hear the appeal because removal of the action to federal district court transferred the entire case and suspended the state courts' jurisdiction until the federal court remanded the case.
2. The fact that a Jones Act claim is generally nonremovable did not preserve state-court jurisdiction after removal; the propriety of removal had to be determined by the federal court, and the removal bar could be waived if not timely challenged by a motion to remand.
3. Removal did not vacate the circuit court's pre-removal orders or proceedings; those orders remained effective unless dissolved or modified by the federal district court.

Questions Presented

1. Whether the Supreme Court of Virginia had jurisdiction to hear an appeal from the circuit court after the entire action had been removed to federal district court.
2. Whether removal transferred the entire action, including the Jones Act claim and claims already dismissed by the state circuit court, and suspended further state-court proceedings until remand.

Disposition

dismissed