Eliezer Taveras v. United States District Court for the Southern District of Florida
DueProcess JusticiabilityDoctri
Whether a district court's decision to dismiss with prejudice an action improperly removed from state court is clear and manifest error that should be corrected by a writ of mandamus and not in appeal?
QUESTIONS PRESENTED Whether a district court’s decision to dismiss with prejudice an action improperly removed from state court is clear and manifest error that should be corrected by a writ of mandamus and not in appeal? Whether the doctrine of improper claim splitting will be an open door for forum shopping to defendants who fraudulently remove to federal courts cases properly filed in state courts? Whether a court of appeal has a duty to promptly command through mandamus a federal court to remand a case improperly removed from state court in order to secure the public interest in the just, speedy, and inexpensive determination of every action?