Motion to Dismiss - Due Date: Complete Date:

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                          Filing # 46282155 E-Filed 09/09/2016 07:27:17 PM

IN THE CIRCUIT COURT OF THE

11™ JUDICIAL CIRCUIT IN AND
FOR MIAMI DADE COUNTY,
FLORIDA
17™ & SECOND AVENUE CASE No.: 2016-019796-CA-01
PROPERTIES CORP.,
Petitioner,

v.
S & S DINER, INC.

Respondent.
/

RESPONDENT S & S DINER’S MOTION TO DISMISS PETITIONER
17 & SECOND AVENUE PROPERTIES CORP.’S, EMERGENCY
PETITION FOR WRIT OF MANDAMUS, OR IN THE ALTERNATIVE
WRIT OF CERTIORARIFOR LACK OF JURISDICTION

COMES NOW, S & S Diner, Inc. (“S & 8S”), Respondent and
Defendant/Counter-Plaintiff in the Lower Tribunal, and hereby moves for
dismissal of the Emergency Petition for Writ of Mandamus, or in the Alternative
Writ of Certiorari filed by the Petitioner, 17th & Second Avenue Properties Corp.
(hereinafter “17th & Second”), the Plaintiff/Counter-Defendant in the Lower

Tribunal, on the ground that there is no jurisdiction for the writ(s)/appeal under

Fla. R. App. P. 9.130. In support of this motion S & S states as follows:

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