LAKEVIEW TOWNHOMES AT THE CALIFORNIA CLUB, INC., APPELLANT,
v.
LAKEVIEW OF THE CALIFORNIA CLUB HOMEOWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, LAKEVIEW OF THE CALIFORNIA CLUB CONDOMINIUM, INC., AND LAKEVIEW OF THE CALIFORNIA CLUB CONDOMINIUM II ASSOCIATION, INC., APPELLEES
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A notice of lis pendens is appropriate when an equitable lien is sought, but the defendant is entitled to a hearing to set a reasonable bond to protect against irreparable harm.
[1] A notice of lis pendens is appropriate when a plaintiff seeks to establish and foreclose an equitable lien on real property, as a successful foreclosure judgment would af…
[2] The mere recording of a covenant running with the land does not automatically establish a statutory predicate for a lis pendens as of right.
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Join FLexlaw to unlock all legal intelligencePlaintiffs sought to establish and foreclose an equitable lien on defendant's property based on a recorded covenant. The trial court denied defendant'…
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PER CURIAM.
The defendant, Lakeview Townhomes of the California Club, Inc., appeals the non-final order denying its motion to dissolve a lis pendens filed and recorded by the plaintiffs [collectively referred to as the Associations] against the property owned by the defendant and/or to require the posting of an adequate bond. We affirm in part, and reverse in part and remand.
The Associations seek to establish and foreclose an equitable lien on real property owned by the defendants. If the Associations prevail in their underlying action, they will obtain a foreclosure judgment which will affect the defendant’s property. See DePass v. Chitty, 90 Fla. 77, 105 So. 148 (1925); Ross v. Breder, 528 So. 2d 64 (Fla. 3d DCA 1988) (quoting Beefy King Int'l, Inc. v. Veigle, 464 F. 2d 1102 (5th Cir.1972)).
Therefore, a notice of lis pendens is in order. The Associations’ request is founded upon the covenant running with the land executed by the defendant and recorded in the public records of Dade County, Florida.
However, the fact that the covenant running with the land is “recorded does not automatically transform th[is] document[] into a statutory predicate for a lis pendens as of right.” Ross, 528 So. 2d at 65. See also Glusman v. Warren, 413 So. 2d 857 (Fla. 4th DCA 1982). The covenant running with the land does not put a good faith purchaser on notice that there is a cloud on the title. See Ross, 528 So. 2d at 65; Mohican Valley, Inc. v. MacDonald, 443 So. 2d 479 (Fla. 5th DCA 1984).
Thus, the defendant is entitled to a hearing at which a reasonable bond shall be set to protect the defendant from the danger of irreparable harm should the Associations be unsuccessful in their action. See Ross, 528 So. 2d at 65; Feinstein v. Dolene, Inc., 455 So. 2d 1126 (Fla. 4th DCA 1984).
Accordingly, we affirm the portion of the order denying the motion to dissolve the lis pendens, but reverse and remand the portion of the order denying the request for a bond. The lis pendens shall be stricken from the record unless a bond is posted.
Affirmed in part, and reversed in part and remanded.
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Avalon Assocs. OF Del. Ltd. v. Avalon Park Assocs., Inc., 760 So. 2d 1132 (Fla. 5th DCA 2000)…and recorded partnership agreement, in suit to partition the property pursuant to the partnership agreement was not founded on recorded instrument); Lakeview Townhomes at the California Club v. Lakeview of the California Club Homeowners Ass’n, Inc., 579 So. 2d 290 (Fla. 3d DCA 1991) (suit to enforce a covenant running with the land, which was recorded, was not a suit founded on a recorded instrument); Commodore Plaza at Century 21 Condominium Ass’n, Inc. v. Century 21 Commodore Plaza, Inc., 290 So. 2d 539 (Fl…1 / 2
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Roger Homes Corp. v. Persant Constr. Co., 637 So. 2d 5 (Fla. 3d DCA 1994)…s action to impose and foreclose upon an equitable lien. This court has held that a claim for an equitable lien may support the imposition of a lis pendens. Lakeview Townhomes at the Calif. Club, Inc. v. Lakeview of the Calif. Club Homeowners Ass’n, 579 So. 2d 290 (Fla. 3d DCA 1991). However, in Lakeview the equitable lien itself was founded upon a duly recorded instrument — “the covenant running with the land executed by the defendant and recorded in the public records of Dade County, Florida.” 579 So. 2d at…
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J.B.J. Inv. OF S. Fla., Inc. v. Maslanka, 163 So. 3d 726 (Fla. 5th DCA 2015)…erty- — -unquestionably meeting the fair nexus requirement. Cf. Avalon Assocs. of Delaware Ltd. v. Avalon Park Assocs., Inc., 760 So. 2d 1132 (Fla. 5th DCA 2000); Lakeview Townhomes at Cal. Club, Inc. v. Lakeview of Cal. Club Homeowners Ass’n, Inc., 579 So. 2d 290, 291 (Fla. 3d DCA 1991). In addition, section 48.23(2), Florida Statutes (2013) imposes a «good cause requirement for extending a lis pendens. “Good cause” has been defined as: A substantial reason, one that affords a legal excuse, or a cause movi…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DePass v. Chitty, 90 Fla. 77 (Fla. 1925)
- Beefy King Int'l, Inc. v. Veigle, 464 F.2d 1102 (5th Cir. 1972)
- Ross v. Breder, 528 So. 2d 64 (Fla. 3d DCA 1988)
- Glusman v. Warren, 413 So. 2d 857 (Fla. 4th DCA 1982)
- Feinstein v. Dolene, Inc., 455 So. 2d 1126 (Fla. 4th DCA 1984)
- Mohican Valley, Inc. v. MacDONALD, 443 So. 2d 479 (Fla. 5th DCA 1984)
- Watts v. State, 443 So. 2d 479 (Fla. 5th DCA 1984)