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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89587
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im a pro se appellant in a federal civil case. I am the original

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I'm a pro se appellant in a federal civil case. I am the original plaintiff.
The district court threw out my case without a hearing or a trial.

With respect ot rule 10(b)(2) I INTEND TO ARGUE THAT THE JUSDGE OVERLOOKED EVIDENCE. ALL I INTEND TO REFER TO IS IN THE PAPERS INCLUDED IN THE DOCKET LIST. THERE WAS NO TRIAL OR HEARING. SO AS EVERYTHING I INTEND TO REFER TO IS IN THE PAPERS FILLED AND LISTED IN THE DOCKET I'M ASSUMING I HAVE NO REQUIREMENT TO "include in the record a transcript of all evidence relevant".
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If there is no transcript on the case, you need to make it known to the appeals court that this is an appeal on the pleadings nd you will have to include all of the pleadings from the lower court to give he appeals court some documents to review so that the court has something to see in making their ruling.

If there is no transcript, there is no transcript to provide the court.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89587
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

next question:


 


My pro se federal civil case was removed from Florida state court. The district court through my case out with prejudice without a hearing.


I have sent notice of an appeal which the circuit court in Atlanta acknowledged receiving.


My question is, can I also bring up an issue of my belief that the case was improperly removed from Florida state to federal court to begin with?


I previously made a motion in federal district court to remand the case to Florida court on two grounds. One grounds was to do with federal civil rules Section 1446 (b) (1) and the other was to do with the $75 federal limit which I meant to stay under.


The district judge never made a reply to my motion to remand back to Florida court. He neither denied the motion nor granted it. He basically ignored it as far as I can tell.


 


Any way, is it proper to add in the remand motion issue at the same time I'm following up on my appeal of the dismissal with prejudice?


I filled my motion to remand to Florida state court just over a month ago.


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

If you raised the issue to remand the case back to the state court in the US District Court and they have denied that motion, then you certainly can raise that issue on appeal arguing that the USDC does not have jurisdiction and that they abused their discretion in keeping the case instead of sending it back to the state court.

The first thing you would have to do is overcome the dismissal right now. Since the case does not exist as it has been closed you cannot argue for remand. Once the appeals court rules on vacating the dismissal, then you can file an interlocutory appeal to challenge jurisdiction and the denial of the remand to state court.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89587
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 12 other Legal Specialists are ready to help you

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