Meridan River Development Corporation v. Roshanda C. Byrd

• Court: District Court, M.D. Florida
• Decided: December 3, 2025
• Docket: 8:25-cv-03129
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MERIDAN RIVER DEVELOPMENT CORPORATION,

Plaintiff,

v. Case No: 8:25-cv-03129-JLB-SPF

ROSHANDA C. BYRD,

Defendant. / ORDER This cause comes before the Court sua sponte.1 Plaintiff initially filed this eviction action in the County Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. (Doc. 1-1). On November 11, 2025, Defendant removed this case to federal court. (Doc. 1). Defendant asserts that removal is proper under federal question jurisdiction because she filed a federal compulsory counterclaim and defense. (Id.). But counterclaims cannot give rise to federal question jurisdiction. See Vaden v. Discover Bank, 556 U.S. 49, 61 (2009) (“[A] federal counterclaim, even when compulsory, does not establish ‘arising under’ jurisdiction.”) (citation omitted). Thus, the Court must remand this case because the Court lacks subject matter jurisdiction. 28 U.S.C. § 1447(c) (“If at any time before final judgment it

1 “Federal courts are obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking.” Cadet v. Bulger, 377 F.3d 1173, 1179 (11th Cir. 2004). appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”); see also Corp. Mgmt. Advisors, Inc. v. Artjen Complexus, Inc., 561 F.3d 1294, 1296 (11th Cir. 2009) (“The district court may remand a case sua sponte for lack of subject matter jurisdiction at any time.”) (citing 28 U.S.C. § 1447(c)). Accordingly, it is ORDERED that: 1. This case is REMANDED to the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 2. The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the Clerk of the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. 3. The Clerk of Court is DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the file. ORDERED in Tampa, Florida, on December 3, 2025.

JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE