Overlook Gardens Properties, LLC v. Orix USA, LP, No. 17-14967 (11th Cir. 2019)Annotate this Case
The Developers filed suit against Red Mortgage in Georgia state court, asserting various state law causes of action, including breach of contract, fraud, and violation of the Georgia Racketeer Influenced and Corrupt Organizations Act. The complaint essentially alleged that defendants intentionally and deceptively persuaded the Developers to accept high interest rates, not because they were the best market rates available, but instead to secretly pad their compensation and associated profits. Defendants removed to federal court and the Developers moved to remand to state court. The district court held that the forum selection clause in the loan documents bound both Red Mortgage and the Developers to litigate the Developers' claims in Georgia state court.
The Eleventh Circuit dismissed the appeal of the remand order and held that the district court colorably characterized the basis for its remand order as a lack of unanimous consent to removal, and therefore 28 U.S.C. 1447(d) precludes the court from reviewing that order.