· 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 CourtListenerSourced 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.