U.S. Bank Trust National Association v. Lynn Coomans

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 21, 2025
• Docket: 25-11221
• Status: Unpublished

Opinion

USCA11 Case: 25-11221 Document: 16-1 Date Filed: 08/21/2025 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 25-11221 Non-Argument Calendar ____________________

U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLEY AS OWNER TRUSTEE, FOR FCF 2 ACQUISITION TRUST C/O U.S. BANK TRUST NATIONAL ASSOCIATION, Plaintiff-Appellee, versus LYNN M. COOMANS,

Defendant-Appellant. USCA11 Case: 25-11221 Document: 16-1 Date Filed: 08/21/2025 Page: 2 of 2

2 Opinion of the Court 25-11221

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:24-cv-62230-JB ____________________

Before JILL PRYOR, NEWSOM, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The district court’s order remanding the action to state court is not reviewable on appeal because the district court based its re- mand on a lack of federal subject matter jurisdiction. See 28 U.S.C. § 1447(c), (d); New v. Sports & Recreation, 114 F.3d 1092, 1095-96 (11th Cir. 1997); Whole Health Chiropractic & Wellness, Inc. v. Hu- mana Med. Plan, Inc., 254 F.3d 1317, 1319 (11th Cir. 2001); Overlook Gardens Props., LLC v. Orix USA, L.P., 927 F.3d 1194, 1202 (11th Cir. 2019) (holding that we “must accept the district court’s colorable characterization of the basis for its remand”). Further, the notice of removal did not cite 28 U.S.C. §§ 1442 or 1443 as a basis for re- moval.