FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK N/K/A FIDELITY NATIONAL TITLE INSURANCE COMPANY, PETITIONER,
v.
JAMES M. CHERESKIN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, RESPONDENT; JANET FIGUEROA, PETITIONER, V. JAMES M. CHERESKIN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, RESPONDENT
PER CURIAM.
The petitions for writs of certiorari are granted. The Miami-Dade circuit court was the first to acquire jurisdiction of this matter. Under the priority principle, the Miami-Dade court has the exclusive right to hear all issues or questions arising in this case. Parker v. Estate of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005); Hirsch v. DiGaetano, M.D., 782 So. 2d 1177, 1177-78 (Fla. 5th DCA 1999); Polaris Pub. Income Funds v. Einhorn, 625 So. 2d 128, 129 (Fla. 3d DCA 1993). The portion of the trial court’s order denying Petitioners’ motions for stay is quashed, and we remand with instructions to grant the stay.
BROWNING, C.J., DAVIS, and LEWIS, JJ., concur.
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S.N.J. v. State, 17 So. 3d 1258 (Fla. 2d DCA 2009)…under section 843.02, “with limited exceptions, physical conduct must accompany offensive words.” Francis v. State, 736 So. 2d 97, 99 (Fla. 4th DCA 1999) (footnote omitted). Words alone rarely, if ever, amount to an obstruction. See D.A.W. v. State, 945 So. 2d 624, 626 (Fla. 2d DCA 2006); Francis, 736 So. 2d at 99; D.G. v. State, 661 So. 2d 75, 76 (Fla. 2d DCA 1995). The officer was merely acting as an agent of the property owner to issue a trespass warning. Until the officer asked S.N.J. and S.F. to leave a…
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- State v. Thompson, 625 So. 2d 128 (Fla. 1st DCA 1993)
- Hirsch v. Margaret DiGAETANO, M.D., 732 So. 2d 1177 (Fla. 5th DCA 1999)
- Parker v. Est. OF Hartford E. Bealer, 890 So. 2d 508 (Fla. 4th DCA 2005)