Angel Hernandez v. Conriv Realty Associates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where the district court lacked jurisdiction over a removed case, the district court lacked power to dismiss the complaint with prejudice
• reasoning that dismissals for lack of subject matter jurisdiction should be dismissed without prejudice because Article HI’s limits on federal jurisdiction are not designed to prevent federal courts from interfering with state court jurisdiction
• “[W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice.”
• “Article II] deprives federal courts of the power to 16 || dismiss a case with prejudice where federal subject matter jurisdiction does not exist.”’
• “Article III deprives federal courts of the power to dismiss a case with prejudice 26 where federal subject matter jurisdiction does not exist.”
• “[W]here a court lacks subject matter jurisdiction, it also lacks the power to dismiss with prejudice.”

Source: CourtListener parenthetical corpus (CC0).