Federal complaint-remanded to state court?

[ahsir]

I dismissed w/out prejudice a federal complaint, that I am about to refile. Most of the causes are state (Georgia), and I may ultimately (before service) drop the federal causes. I prefer to be in fed now, for the 120 days to serve.
My question is, if I do end up dropping the fed causes, what will happen? Will I be forced to stay in fed court, since that's where it's filed, or will I have the option to have it sent down to state court, as there are no longer any fed issues involved. Or will it automatically be sent down?
Also, I have a couple other complaints in superior court (and they may connect with this one), and would prefer it to go there, as opposed to state court, if it is sent down. Will I have that choice?

 

[meganproser]

I dismissed w/out prejudice a federal complaint, that I am about to refile.

Was it voluntarily dismissed?

Most of the causes are state (Georgia), and I may ultimately (before service) drop the federal causes. I prefer to be in fed now, for the 120 days to serve.

What? It sounds like the SOL is about to run out and you don’t know which court you should be filing in.

My question is, if I do end up dropping the fed causes, what will happen?

Some complicated s**t will happen...or not.

No one can answer all of your questions about how changes will affect jurisdiction without knowing a lot more info about your case.

You need to figure out what your claims are and file them in the correct court to begin with. These issues are critical and if you are not absolutely sure how to proceed, maybe you should hire an attorney to at least get you started.