Musa v. Wells Fargo Delaware Trust Co.

I agree with Judge Benton’s thorough legal analysis that as 28 U.S.C. § 1446 is currently written, a state court lacks subject matter jurisdiction after a notice of removal is filed, even if the removal is improper. See Maseda v. Honda Motor Co., Ltd., 861 F.2d 1248 (11th Cir.1988). I write separately first to emphasize that since no remand is contained in the record on appeal, subject-matter jurisdiction was never restored to the state circuit court, distinguishing the facts here from Wilson v. Sandstrom, 317 So.2d 732 (Fla.1975). See City of Delray Beach v. Dharma Properties, Inc., 809…