Vasseur v. TEI Construction Services, Inc., No. 18-2841 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit dismissed TEI's appeal of the district court's order remanding the case to state court based on lack of subject matter jurisdiction. The court dismissed the appeal for lack of appellate jurisdiction, because the court could not review the merits of the remand order, colorably characterized as based on a lack of subject matter jurisdiction, and it must stand whether erroneous or not.
Court Description: Gruender, Author, with Arnold and Stras, Circuit Judges] Civil case - Civil Procedure. This court cannot review the merits of the district court's order remanding to state court where the remand order is colorably characterized as based on a lack of subject-matter jurisdiction; the remand order must stand, whether erroneous or not, and the appeal is dismissed for lack of jurisdiction.
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