Florida Attorney General, Etc. v. Jimenez

• Court: District Court of Appeal of Florida
• Decided: December 30, 2015
• Docket: 15-2303 & 15-2271
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 30, 2015. Not final until disposition of timely filed motion for rehearing.

________________

Nos. 3D15-2303 & 3D15-2271 Lower Tribunal No. 14-A369OZE ________________

Florida Attorney General, etc., et al., Appellants,

vs.

Luis Torres Jimenez, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Steven Leifman, Judge.

Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes and Samuel I. Zeskind, for appellants.

Pamela Jo Bondi, Attorney General, and Robert Dietz, Jr., Assistant Attorney General, as Intervener for appellants.

Louis C. Arslanian (Hollywood); Ted Hollander (Fort Lauderdale), for appellee.

Before SHEPHERD, EMAS and LOGUE, JJ.

PER CURIAM. ON MOTION TO MODIFY OR VACATE STAY

Appellant’s motion to modify or vacate stay as applied to all pending red

light cases is stricken on the basis that Appellant, Luis Torres Jimenez, lacks

standing. Solares v. City of Miami, 166 So. 3d 887, 888 (Fla. 3d DCA 2015) (“For

a court of law operating as one of the three branches of government under the

doctrine of the separation of powers, standing is a threshold issue which must be

resolved before reaching the merits of a case. Before a court can consider whether

an action is illegal, the court must be presented with a justiciable case or

controversy between parties who have standing.”). This disposition is not a ruling

on the merits of the motion.

Motion stricken.