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· 4/15/2004

Yusefzadeh v. Nelson, Mullins, Riley & Scarborough, LLP

Citations

  • 365 F.3d 1244
  • 2004 U.S. App. LEXIS 7248
  • 2004 WL 792851

How courts have described this case

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

  • holding no waiver where the 16 defendant, despite filing a motion to dismiss did not schedule a hearing and the state court 17 had not ruled on the motion
  • finding that Florida’s 20-day requirement for filing motions to dismiss resulted' in a “quandary” for defendants who filed for removal in a timely manner but found themselves back in state court with no time left to file a motion to dismiss
  • finding that Florida’s 20-day requirement for filing motions to dismiss resulted in a ‘quandary’ for defendants who filed for removal in a timely manner but found themselves back in state court with no time left to file a motion to dismiss
  • explaining a state court Defendant may “lose or waive” the right to remove a case by taking “some substantial offensive or defense action”
  • explaining a state court Defendant may “lose or waive” the right to remove a case by taking “some substantial offensive or defense action”
  • a defendant may waive the right to remove a ease to federal court by litigating in state court before filing a notice of removal

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Marcus, Godbold

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.