Question

3. Wax an Illinois resident, files a lawsuit against Fitzsimmons in Illinois state court. Fitzsimmons is a resident of Florida but owns property in Illinois. The amount in controversy is $80,000. Could Fitzsimmons remove this case to federal court? Is so how?

Answer 1

Explained

Step-by-step explanation:

In this case, Diversity jurisdiction clause is applicable to remove this case to federal court. Wax is from Illinois while Fitzsimmons is from Florida, both from different states.

The federal court have subject matter jurisdiction in the cases where plaintiff (a person who brings case against another in a court) and defendant are from different states or foreign national and money damages or amount in controversy are more than $75,000 in worth. In this case as the amount under the controversy is $80,000(greater than $75,000) and both parties are residents of different states therefore Fitzsimmons can remove this case to federal court under diversity jurisdiction clause.