MAURICE SYMONETTE
v.
JPMORGAN CHASE BANK, N.A.
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This per curiam affirmed opinion addresses the enforceability of a lis pendens notice and applies doctrines of res judicata and collateral estoppel to bar re-litigation of previously decided issues. The court also confirms its jurisdiction to review disqualification orders when the motion was timely filed before final judgment.
The court affirmed the lower court's decision, holding that under Florida Statute § 48.23(1)(d), the recording of a lis pendens bars enforcement of unrecorded interests unless the holder timely moves to intervene within 30 days. The doctrines of res judicata and collateral estoppel preclude re-litigation of issues that were or could have been raised in the prior action.
[1] Recording of a notice of lis pendens bars enforcement of unrecorded interests against the described property unless the holder of such interest moves to intervene within…
[2] The doctrine of res judicata bars not only issues that were raised in a prior proceeding but also precludes consideration of issues that could have been raised but were n…
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Join FLexlaw to unlock all legal intelligence“The doctrine of res judicata provides that a judgment on the merits in an earlier suit bars a later suit on the same cause of action between the same parties or others in privity with those parties.”
Court's citation to Provident Funding Assocs., L.P. v. MDTR explaining the scope of res judicata
The opinion does not explicitly state the underlying facts, as it is a per curiam affirmance citing legal principles. The case involves a dispute wher…
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PER CURIAM.
Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions inapplicable herein, recording of notice of lis pendens “constitutes a bar to the enforcement against the property described in the notice of all interests . . . unrecorded at the time of recording the notice unless the holder of any such unrecorded interest . . . moves to intervene in such proceedings within 30 days after the recording of the notice and the court ultimately grants the motion”); Provident Funding Assocs., L.P. v. MDTR, 257 So. 3d 1114, 1117 (Fla. 2d DCA 2018) (“The doctrine of res judicata provides that a judgment on the merits in an earlier suit bars a later suit on the same cause of action between the same parties or others in privity with those parties.”); Pearce v. Sandler, 219 So. 3d 961, 967 (Fla. 3d DCA 2017) (“[T]he doctrine of res judicata not only bars issues that were raised, but it also precludes consideration of issues that could have been raised but were not raised in the first case.”); Mortg. Elec. Registration Sys., Inc. v. Badra, 991 So. 2d 1037, 1039 (Fla. 4th DCA 2008) (“Collateral estoppel precludes re-litigating an issue where the same issue has been fully litigated by the same parties or their privies, and a final decision has been rendered by a court.”); Kelly v. Snietka, 155 So. 3d 1278, 1278 (Fla. 4th DCA 2015) (explaining that court has jurisdiction to review order on motion to disqualify trial judge on appeal from final judgment if motion was filed prior to final judgment citing Fla. R. App. P. 9.110(h)); Fla. R. Gen. Prac. & Jud. Admin.
2.330(c)(3) (requiring that motion to disqualify “be sworn to or affirmed by the party by signing the motion or by attaching a separate affidavit”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pearce v. Sandler, 219 So. 3d 961 (Fla. 3d DCA 2017)
- Mortg. Elec. Registration Sys., Inc. v. Jubran A. Badra, 991 So. 2d 1037 (Fla. 4th DCA 2008)
- Provident Funding Assocs. v. M D T R, 257 So. 3d 1114 (Fla. 2d DCA 2018)
- Kelly v. Snietka, 155 So. 3d 1278 (Fla. 4th DCA 2015)