City of Delray Beach v. Dharma Properties, Inc.

Petitioner, the City of Delray Beach, brings this petition for writ of prohibition, contending that the trial court has no jurisdiction to proceed in the underlying lawsuit because the case was removed to federal court and has never been remanded. The trial court rejected this argument because the federal court issued a final judgment on grounds of standing, thus deciding the issue on jurisdictional grounds and not the merits of the underlying cause. Despite the trial court’s reasoning, the fed*36eral removal statute is clear that remand is required, and we therefore grant the petition.

Respondent…