Description

Judge Duffey, Jr. Order remanding the Wachovia case back to Superior Court. His Order never mentions that Wachovia had defaulted before, during, after Removal to District Court and he fails to explain how Wachovia had improperly removed the action. He claims District Court had lack of jurisdiction but he made several Rulings before remand, including a Ruling that would have caused the case to be dismissed if Plaintiffs failed to file certain discovery documents within fifteen days. Since Duffey remanded without addressing how Wachovia had improperly removed the case, and without addressing the defaults (we had filed motion to strike responsive pleading citing untimely) Superior Court ignored that after remand, Wachovia once again defaulted by failing to file a responsive pleading within Superior Court, and Judge Hunter continued to allow Rules and statute violations by Wachovia