U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST
v.
HARTSELL A. BUSH AND DORTCH B. BUSH
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U.S. Bank Trust, as trustee, sought to enforce a foreclosure judgment against the Bushes in federal court. The district court, adopting the magistrate judge's recommendation, remanded the case to state court for lack of subject-matter jurisdiction and warned defendants against future frivolous federal filings intended to delay foreclosure proceedings.
The federal district court lacks subject-matter jurisdiction over the case and therefore remands it to state court. The court also warns the defendants that they may face sanctions if they attempt to involve federal courts in the foreclosure action in the future.
[1] A federal court lacks subject-matter jurisdiction over a case that should be remanded to state court.
[2] A federal court may sanction litigants for attempting to game the system or delay enforcement of a final state judgment through improper removal.
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Establishes the basis for remand to state court
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Join FLexlaw to unlock all legal intelligenceU.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust brought an action against defendants Hartsel A. Bush and Dortch B. Bush. The cas…
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This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 4). No objections were filed.
Upon due consideration of the Report and Recommendation and the entire case file, the Court agrees with the magistrate judge's determination that this case should be remanded to state court because this Court lacks subject-matter jurisdiction over the case. Additionally, because it appears that the removal was an attempt to "game the system" and delay the enforcement of a final state foreclosure judgment, Defendants are warned that they may be subject to sanctions if they attempt to involve the federal courts in this foreclosure action in the future. See U.S. Bank Nat'l Ass'n v. Galvin, 2024 WL 4576738, at *5 (N.D. Fla. Sept. 26, 2024)
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("Federal courts do not tolerate litigation gamesmanship, and this Court has the inherent authority to sanction litigants who abuse the judicial process by engaging in bad-faith conduct, such as repeated frivolous filings intended to delay a proceeding.").
Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. This case REMANDED to the Circuit Court for the First Judicial Circuit in and for Santa Rosa County, Florida.
3. The Clerk shall effectuate the remand close the case file.
DONE AND ORDERED this 14th day of October, 2025.
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
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U.S. Bank Tr. v. Hartsell A. Bush and Dortch B. Bush, 2024 WL 4576738 (N.D. Fla. 2025)…nd delay the enforcement of a final state foreclosure judgment, Defendants are warned that they may be subject to sanctions if they attempt to involve the federal courts in this foreclosure action in the future. See U.S. Bank Nat’l Ass’n v. Galvin, 2024 WL 4576738, at *5 (N.D. Fla. Sept. 26, 2024) Page 1 of 2 (“Federal courts do not tolerate litigation gamesmanship, and this Court has the inherent authority to sanction litigants who abuse the judicial process by engaging in bad-faith conduct, s…
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U.S. Bank Tr. N.A. for LSF9 Master Participation Tr. v. Hartsell A. Bush and Dortch B. Bush (N.D. Fla. 2025)…s her to remove the foreclosure action post-judgment because she cannot enforce her property rights in state court. Doc. 1 at 2, 8-10. This argument has no merit and has previously been rejected by this Court. _See U.S. Bank Nat'l Assoc. v. Galvin_, 2024 WL 4576738, at *2 (N.D. Fla. Sept. 26, 2024) (finding defendants' argument that "they removed this case under the Civil Rights Act of 1866, not the removal statutes in Title 28 of the United States Code" unpersuasive). As this Court stated in _Galvin_, 3 Af…1 / 2
Authorities Cited
- U.S. Bank Tr. v. Hartsell A. Bush and Dortch B. Bush, 2024 WL 4576738 (N.D. Fla. 2025)