Pegasus Residential, LLC v. John Taylor

Opinion

NOT FOR PUBLICATION

In the

United States Court of Appeals For the Eleventh Circuit

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No. 25-13843

Non-Argument Calendar

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

versus

JOHN TAYLOR, Defendant-Appellant,

ALL OTHER OCCUPANTS, Defendant.

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Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-05597-VMC

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Before JORDAN, BRASHER, and KIDD, Circuit Judges. PER CURIAM:

2

2 Opinion of the Court 25-13843

This appeal is DISMISSED, sua sponte, for lack of jurisdiction 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 because 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) (explaining 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).