Passco Cadence DST v. Fred Palmer

Court of Appeals for the Eleventh Circuit·Decided September 11, 2025·No. 25-12514·Unpublished

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

No. 25-12514

Non-Argument Calendar

PASSCO CADENCE DST, d.b.a.Cadence Sugar Hill, Plaintiff-Appellee,

versus

FRED PALMER, Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-03762-SDG

Before JORDAN, NEWSOM, and LUCK, Circuit Judges. PER CURIAM:

Fred Palmer, proceeding pro se, appeals from the district court’s July 14, 2025, order remanding his case to Georgia state

2 Opinion of the Court 25-12514

court for lack of subject matter jurisdiction. We lack jurisdiction to review that order. See 28 U.S.C. § 1447(c)-(d); Whole Health Chiropractic & Wellness, Inc. v. Humana Med. Plan, Inc., 254 F.3d 1317, 1319 (11th Cir. 2001) (explaining that remand orders for which our review is barred include those based on lack of subject matter jurisdiction ); New v. Sports & Recreation, 114 F.3d 1092, 1096 (11th Cir. 1997) (stating that “a district court does not have to expressly state its reliance on section 1447(c) to preclude appellate review”). Palmer did not remove the case under 28 U.S.C. §§ 1442 or 1443, so no exception applies. See 28 U.S.C. § 1447(d); BP P.L.C. v. Mayor & City Council of Balt., 593 U.S. 230, 238 (2021).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction.

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Related

New v. Sports & Recreation, Inc.
114 F.3d 1092 (Eleventh Circuit, 1997)