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SHIPLEY v. HELPING HANDS THERAPY

No. 19-13812.

996 F.3d 1157 (2021)

Betty R. SHIPLEY, Plaintiff-Appellee, v. HELPING HANDS THERAPY, Greensboro Out-Patient Clinic, a.k.a. New Hope, LLC d.b.a. Helping Hands Therapy, PT Sarah Beaugez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 6, 2021.

Attorney(s) appearing for the Case

Robert Franklin Prince , Prince Glover & Hayes, PC, TUSCALOOSA, AL, for Plaintiff-Appellee.

Holly S. Bell , Thomas A. Kendrick , Attorney, Norman Wood Kendrick Turner, BIRMINGHAM, AL, for Defendant-Appellant HELPING HANDS THERAPY.

Mark W. Lee , James A. Wyatt, III , Parsons Lee & Juliano, PC, BIRMINGHAM, AL, for Defendant-Appellant SARAH BEAUGEZ.

Before WILSON, GRANT, and TJOFLAT, Circuit Judges.

This appeal presents an issue of first impression in our circuit: whether a district court has authority to remand a case based on a procedural defect in removal when (1) a motion to remand for lack of subject matter jurisdiction is filed within 30 days of the notice of removal, but (2) a procedural defect is not raised until...

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