828 F.3d 40
1st Cir.2016Background
- Plaintiff José Aponte-Dávila (born in Puerto Rico) worked as an interstate truck driver based in Laredo, Texas, from 2004–2010 and used a Texas address on federal tax returns (2007–2012).
- He was injured in Puerto Rico on July 13, 2009 while visiting; thereafter he stayed in Puerto Rico for medical treatment and used Puerto Rico addresses on various medical and government forms between 2009–2013.
- From May 2012–April 2013 his medical condition worsened, he sold his truck and returned to Puerto Rico to recover; he obtained Puerto Rico IDs and benefits while there.
- Aponte-Dávila returned to Laredo in late April/May 2013, obtained a medical certificate/renewed his Texas commercial driver’s license on or about May 6, 2013, and on May 9, 2013 (date suit was filed in Puerto Rico) he says he was physically present in Laredo arranging to resume residence and work.
- After filing, he leased an apartment in Laredo, reactivated Texas bank accounts, registered and voted in Texas, obtained Texas plates and a disability placard; he later (July 2014) returned to Puerto Rico after being declared disabled.
- District court dismissed the action for lack of diversity, finding Aponte-Dávila domiciled in Puerto Rico when suit was filed; the First Circuit reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Aponte-Dávila was domiciled in Texas or Puerto Rico on May 9, 2013 | Aponte-Dávila remained domiciled in Texas (never abandoned it) and/or had reestablished Texas domicile before filing (renewed TX CDL May 6, 2013; present in Laredo on May 9) | D's: He reestablished domicile in Puerto Rico after the 2009 injury by living there, obtaining PR IDs, benefits, and listing PR residence on multiple forms | Court: Reversed district court — clear error to find PR domicile; evidence shows Texas domicile persisted or was reestablished before suit; diversity exists |
| Weight of forms/statements of residence | Such forms (medical, benefit, license) reflect temporary residence for medical care and are weak evidence of intent to remain | D's: Representations on official forms (Reforma, PR driver’s license, Medicaid, parking permit, Dept of Treasury) show PR domicile | Court: Residency statements are relevant but not dispositive; given medical-treatment context and continued TX ties, those statements were insufficient to show domicile change |
| Effect of actions after filing (leasing, voting, reactivating accounts) on domicile inquiry | Post-filing actions in Texas (lease, voting, car purchase) support that he intended to make Texas his home and thus show he never intended to abandon Texas | D's: Such events occurred after filing and cannot establish domicile at filing | Court: Events after filing may be considered to assess sincerity of intent; here they support that TX domicile persisted or was reinstated before filing |
| Significance of Texas CDL renewal/medical certificate | Renewal of commercial CDL (more onerous than noncommercial) and obtaining medical certificate in Texas indicates intent to resume TX professional life — supports TX domicile | D's: Record ambiguous; district court read DPS document differently and discounted license renewal | Court: DPS record plus affidavit/deposition reasonably show medical exam and renewal occurred in Texas on May 6, 2013; renewal is significant and supports TX domicile |
Key Cases Cited
- Meléndez-García v. Sánchez, 629 F.3d 25 (1st Cir.) (clear-error standard for domicile findings)
- Padilla-Mangual v. Pavía Hosp., 516 F.3d 29 (1st Cir.) (domicile test: physical presence + intent; residence ≠ domicile)
- Valentin v. Hosp. Bella Vista, 254 F.3d 358 (1st Cir.) (medical-treatment relocations: residence for care may not change domicile)
- García Pérez v. Santaella, 364 F.3d 348 (1st Cir.) (factors for domicile; subsequent events may bear on intent)
- Bank One, Tex., N.A. v. Montle, 964 F.2d 48 (1st Cir.) (citizenship = domicile, not mere residence)
- Lundquist v. Precision Valley Aviation, Inc., 946 F.2d 8 (1st Cir.) (weight of residence representations)
- Hawes v. Club Ecuestre El Comandante, 598 F.2d 698 (1st Cir.) (moving for medical care — broader contacts needed to show domicile change)
- Anderson v. Watt, 138 U.S. 694 (U.S.) (prima facie rule: place person lives taken as domicile until contrary facts)