Hello;I posted this but got no reply...In a pro se lawsuit with a state case and a federal case. The state case was removed to federal, so both cases were combined in the federal court. Even though i had a remand on file, the judge said we can re-file anything we had filed in the other case. I don't know if it applies anymore since the remand was based on failure of a removed defendant to consent to the removal. So that's a dead issue I am sure. 1) Does this kill the state case? They never ruled on the remand, but i assume by consolidating them, the state case ceases to exist? or can I go back to the state court and continue to push this case now that its been ruled "administratively closed." 2) Can I contest the consolidation as it applies to a state cause of action, but agree on the rest? That is, can I ask that the state cause of action be allowed to be left to the state court and the rest in the federal? If so what would I file? Thank You
Country relating to Question: United States
State (if USA): Florida
1) The state case isn't "killed" it is just removed and combined. If something were to happen to destroy federal jurisdiction it could still be remanded. You can't pursue it in state court any more until/unless it is remanded.2) Not really. A federal court can hear all state issues and issue rulings based on state law. You can ask for it, but it isn't going to be granted.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Began practicing law in 1992
I noticed that you hadn't Accepted the answer I gave a couple of days ago, did you need further information?
No I didn't. It was a great answer. Just the button didn't work for me to give you an excellent rating for some reason. Can you click it for me?
I will let the moderators know you had problems. Thanks.
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