As I recently explained, the Second District issued a published decision certifying the question of whether Fla. Stat. 559.715 is a condition precedent in a mortgage foreclosure case to the Florida Supreme Court as an issue of great public importance.
When that happens, the Florida Supreme Court doesn’t automatically take the case. Instead, the judges meet and decide whether to do so. In this situation, i.e. when the DCA certifies a question to the Court for review, parties aren’t required to file a brief on jurisdiction (and, depending on who you ask, aren’t supposed to file such a brief), as the Court can simply review the published opinion and decide whether to take the case.
But you know me. 🙂
The Florida Supreme Court is currently deciding whether to take this case … on 559.715, the issue I’ve worked so hard on for so many years. As the Court makes this decision, there are some things I just have to make sure the judges know. So I am filing this Jurisdictional Brief, my final effort to get them to take the case.
I doubt the Florida Supreme Court has seen many briefs like this, setting forth my own experiences without case or record citations. I can see the banksters trying to argue it’s not an appropriate filing. But it’s an honest filing, and at least now, no matter how the Court rules, I’ll know I emptied all the bullets in the chamber on this issue. 🙂Mark Stopa