Foreclosure Hamlet

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Standing and jurisdiction in Florida Courts

I was poking around the Florida Constitution this afternoon and found the section I believe grants standing and jurisdiction to the courts, or rather grants standing to a plaintiff to invoke the jurisdiction of the court.

 

Article I, Section 21 states:

 

 Access to courts.The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay. (emphasis added)

 

If there has been no injury, such as in the case of a post commencement assignment of mortgage, then plaintiff lacks standing and the court lacks jurisdiction.

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Tags: Article I, Section 21, Florida Constitution, injury, jurisdiction, redress, standing

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Comment by Glenn Augenstein on February 7, 2011 at 5:57pm

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