LISA VAN COPPENOLLE, PETITIONER,
v.
EDWARD FALCONE, RESPONDENT
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PER CURIAM.
We deny the petition seeking certiorari review of orders relating to the petitioner’s notice of lis pendens. We write to address only the petitioner’s argument that she should not have been required to post a bond because her complaint was founded on a “duly recorded document” within the meaning of section 48.23(3), Florida Statutes (2001). Bond is not required in that situation because the recorded document itself puts third parties on notice and clouds the title to the property. Avalon Assocs. of Delaware Ltd. v. Avalon Park Assocs., Inc., 760 So. 2d 1132, 1134 (Fla. 5th DCA 2000); Sailfish Point, Inc. v. Sailfish Point Owners Representatives by Jaffe, 679 So. 2d 1283, 1285 (Fla. 4th DCA 1996); Medical Facilities Dev., Inc. v. Little Arch Creek Props., Inc., 675 So. 2d 915, 917 (Fla.1996).
The recorded instrument in this case is the final order dissolving the parties’ marriage. That order' adopted the parties’ marital settlement agreement, which was not itself recorded. Petitioner’s civil complaint asserts a claim to personal property that is allegedly subject to the marital settlement agreement, but is not identified in either that agreement or the recorded final judgment. Because the recorded judgment would not put third parties on notice that petitioner has a claim against any identifiable property, the civil complaint is not founded on a duly recorded document. The trial court did not depart from the essential requirements of the law by requiring petitioner to post a bond as a condition of maintaining her notice of lis pendens.
POLEN, C.J., GUNTHER and STEVENSON, JJ., concur.
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Citator
Cited By
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Panamericano OF S.D., Inc. v. Suncoast BAY Dev., Inc., 829 So. 2d 1006 (Fla. 2d DCA 2002)…w is clear that a trial court has no authority to impose a bond to maintain a lis pendens if the underlying action is founded on a duly recorded instrument. Chapman v. L & N Grove, Inc., 244 So. 2d 154, 156 (Fla. 2d DCA 1971); Coppenolle v. Falcone, 802 So. 2d 462, 462 (Fla. 4th DCA 2001); Fla. Peach Corp. of Am., Int'l Div., S.A. v. Lurie, 411 So. 2d 339, 339 (Fla. 5th DCA 1982). In this case the trial court ordered a bond even though it expressly found that the action was founded on a duly recorded instrume…
Authorities Cited
- Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc., 675 So. 2d 915 (Fla. 1996)
- Avalon Assocs. OF Del. Ltd. v. Avalon Park Assocs., Inc., 760 So. 2d 1132 (Fla. 5th DCA 2000)
- K.L. v. State, 679 So. 2d 1283 (Fla. 2d DCA 1996)