Background
James Carlan, proceeding pro se, appealed from a district court order dated September twenty-four, two thousand and twenty-five. That order remanded a dispossessory action to state court. The appeal was filed in the United States Court of Appeals for the Eleventh Circuit.
The court’s reasoning
The court determined that the district court’s remand order was not appealable because it was based on a lack of subject matter jurisdiction. Under Section twenty-eight United States Code Section one thousand four hundred forty-seven subsections C and D, remands for lack of subject matter jurisdiction are not reviewable on appeal. The court also noted that the remand order was not otherwise appealable because Carlan did not remove the action from state court under Section twenty-eight United States Code Sections one thousand four hundred forty-two or one thousand four hundred forty-three.
What it means going forward
The dismissal prevents appellate review of the remand order, leaving the dispossessory action in state court. All pending motions in the appellate case were denied as moot.