No. 23-391

Alexander Eugenio Moskovits v. MTGLQ Investors, L.P.

Lower Court: Florida
Docketed: 2023-10-13
Status: Denied
Type: Paid
Tags: civil-procedure due-process equal-protection foreclosure foreclosure-law judicial-precedent standing stare-decisis subject-matter-jurisdiction
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

whether-florida-state-courts-can-defy-stare-decisis-on-the-jurisdictional-issue-of-lack-of-plaintiff-standing

Question Presented (from Petition)

QUESTIONS PRESENTED This case presents a question of public importance: whether Florida state courts can defy Stare Decisis on the jurisdictional issue of lack of plaintiff standing to properly invoke the subject matter jurisdiction of a court at the time of filing a foreclosure complaint, in conflict with decisions of the Florida Supreme Court and of this Supreme Court. Third District Court of Appeal (Miami, Florida) caselaw has shown disregard for the rule of Stare Decisis on this jurisdictional issue, which should be addressed by this Court because the disregard for precedent has deprived the Petitioner of property without due process of law and denied him the equal protection of the laws. This case presents the issue of whether blatant disregard for Stare Decisis constitutes an error of Constitutional magnitude “so far departed from the accepted and usual course ; of judicial proceedings ... as to call for an exercise of this Court’s supervisory power’. See cf. Rule 10 of the United States Supreme Court (emphasis added). PARTIES AND

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-13
2023-10-10
Petition for a writ of certiorari filed. (Response due November 13, 2023)
2023-08-28
Application (23A179) granted by Justice Thomas extending the time to file until October 10, 2023.
2023-08-22
Application (23A179) to extend the time to file a petition for a writ of certiorari from September 10, 2023 to November 9, 2023, submitted to Justice Thomas.

Attorneys

Alexander E. Moskovits
Alexander Moskovits — Petitioner
Alexander Moskovits — Petitioner
MTGLQ INVESTORS, L.P.
Gary Scott EdingerBenjamin, Aaronson, Edinger & Patanzo, PA, Respondent
Gary Scott EdingerBenjamin, Aaronson, Edinger & Patanzo, PA, Respondent