Clarke et al v. Miracle Temple Ministries, Inc.

Filing 29

ORDER granting in part and denying in part 8 Motion to dismiss for lack of jurisdiction; and, adopting and confirming re 28 Report and Recommendations. Signed by Chief Judge Anne C. Conway on 3/25/2014. (GJS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION SYLVIA CLARKE and GLADSTONE CLARKE, Plaintiffs, v. Case No: 6:13-cv-1250-Orl-22TBS MIRACLE TEMPLE MINISTRIES, INC., Defendant. ORDER This cause is before the Court on the Motion to Dismiss Pursuant to Federal Rules of Civil Procedure (Doc. No. 8) filed on September 13, 2013. The United States Magistrate Judge has submitted a report recommending that the Motion be GRANTED in part and DENIED in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows: 1. The Report and Recommendation filed March 5, 2014 (Doc. No. 28), is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion to Dismiss Pursuant to Federal Rules of Civil Procedure is hereby GRANTED in part and DENIED in part. The Motion is Granted to the extent is seeks to Dismiss Plaintiffs’ cause of action for foreclosure of an equitable lien. In all other respects it is Denied. DONE and ORDERED in Orlando, Florida on March 25, 2014. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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