Frallicciardi v. Lena Villas LLC

Filing 4

ORDER DISMISSING AND CLOSING CASE. Signed by Judge Robin L. Rosenberg on 12/13/2017. (ege) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 9:17-CV-81341-ROSENBERG/HOPKINS
ANTHONY FRALLICCIARDI,
Plaintiff,
v.
LENA VILLAS LLC,
Defendant.
/
ORDER DISMISSING PLAINTIFF’S CLAIMS WITH PREJUDICE
This cause is before the Court on Plaintiff’s Emergency Complaint to Stay Lower Court
Order [DE 1]. For the reasons set forth below, Plaintiff’s Complaint is dismissed with prejudice.
Plaintiff was the defendant in a state court eviction action initiated on August 23, 2017.
See Lena Villas LLC v. Fralliccardi, No. 502017CC009104MB (Fla. Palm Beach County Ct.).
Final judgment was entered against Plaintiff Frallicciardi on November 22, 2017. See id. at
docket entry 19. Plaintiff filed several emergency motions following the entry of final judgment,
which the Palm Beach County Court denied.
Federal review of state-court judgments may only occur in the United States Supreme
Court. 28 U.S.C. § 1257(a); see also Figueroa v. Merscorp, Inc., 766 F. Supp. 2d 1305 (S.D.
Fla. 2011) (considering a case with analogous arguments). The Rooker-Feldman doctrine
encapsulates and delineates the rule that district courts may not review final state-court
judgments. Casale v. Tillman, 558 F.3d 1258, 1260 (11th Cir. 2009). Therefore, this Court lacks
jurisdiction to review final state-court judgments.
Here, Plaintiff has filed an Emergency Complaint asking this Court to review the state
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court order. DE 1. This is directly asking this Court to review a state court decision, which it
lacks jurisdiction to do. See Casale, 558 F.3d at 1260.
Accordingly, it is ORDERED AND ADJUDGED:
1.

Plaintiff’s Emergency Complaint [1] is DISMISSED WITH PREJUDICE.

2.

All other pending motions are DENIED AS MOOT.

3.

All pending deadlines and hearings are TERMINATED.

4.

The Clerk of the Court is directed to CLOSE THIS CASE.
DONE AND ORDERED in Chambers in Fort Pierce, Florida this 13th day of

December, 2017.

_______________________________________
ROBIN L. ROSENBERG
UNITED STATES DISTRICT JUDGE
Copies furnished to: All counsel of record via CM/ECF

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