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

Paid petition · Supreme Court of Florida, No. SC2023-0847 · judgment June 12, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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 RULE 29.6 STATEMENT Petitioner Alexander Moskovits was Defendant in the Eleventh Judicial Circuit Miami-Dade County, Florida. Petitioner was Appellant/Petitioner in the Third District Court of Appeal and Florida Supreme Court. Petitioner is a person. Therefore, there are no disclosures. Respondent is MTGLQ Investors, L.P.

Counsel of record

For petitioner
Alexander Moskovits

For respondent
Gary Scott Edinger
Benjamin, Aaronson, Edinger & Patanzo, PA

Case

Conference history
Distributed for 1 conference

Linked docket
23A179

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Nov 29 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 13 2023
    Brief of MTGLQ Investors, L.P. in opposition not accepted for filing. (November 15, 2023) (duplicate submission)
  4. Nov 13 2023
    Brief of respondent MTGLQ Investors, L.P. in opposition filed.
  5. Oct 10 2023
    Petition for a writ of certiorari filed. (Response due November 13, 2023)
  6. Aug 28 2023
    Application (23A179) granted by Justice Thomas extending the time to file until October 10, 2023.
  7. Aug 22 2023
    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.