Alexander Eugenio Moskovits v. MTGLQ Investors, L.P.
DueProcess JusticiabilityDoctri
whether-florida-state-courts-can-defy-stare-decisis-on-the-jurisdictional-issue-of-lack-of-plaintiff-standing
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