Pegasus Residential, LLC v. John Taylor

Opinion

USCA11 Case: 25-13843 Document: 12-1 Date Filed: 01/30/2026 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-13843 Non-Argument Calendar ____________________

PEGASUS RESIDENTIAL, LLC, a.k.a. Somerset Luxury Apartments, Plaintiff-Appellee, versus

JOHN TAYLOR, Defendant-Appellant, ALL OTHER OCCUPANTS, Defendant. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-05597-VMC ____________________

Before JORDAN, BRASHER, and KIDD, Circuit Judges. PER CURIAM: USCA11 Case: 25-13843 Document: 12-1 Date Filed: 01/30/2026 Page: 2 of 2

2 Opinion of the Court 25-13843

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion and all pending motions are DENIED as moot. John Taylor appeals from the district court’s October 2, 2025, order remanding the action to state court for lack of subject-matter jurisdiction. We lack jurisdiction over this appeal because remand orders based on a lack of subject-matter jurisdiction are unreviewable. See 28 U.S.C. § 1447(c), (d); New v. Sports & Recreation, Inc., 114 F.3d 1092, 1095–96 (11th Cir. 1997) (explaining that a remand order for lack of subject-matter jurisdiction is unreviewable even if it is clearly erroneous); Kircher v. Putnam Funds Tr., 547 U.S. 633, 642 (2006). The court’s remand order is not otherwise appealable be- cause Taylor did not remove the action from state court under 28 U.S.C. §§ 1442 or 1443. See 28 U.S.C. §§ 1442, 1443; BP P.L.C. v. Mayor and City Council of Baltimore, 141 S. Ct. 1532, 1538 (2021) (ex- plaining that, to remove a case under §§ 1442 or 1443, a notice of removal must assert that the case is removable under one of those provisions).