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336 So. 2d 125·
Fla. 2d DCA·
1976-07-09
·cited 13×
A notice of lis pendens cannot be filed without a prior court order if the action is not founded on a duly recorded instrument or mechanic's lien.
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397 So. 2d 1053·
Fla. 4th DCA·
1981-05-13
·cited 12×
Boca Raton Land Development, Inc. appealed the discharge of a lis pendens filed in its action to quiet title to real property. The Fourth District Court of Appeal held that when an initial pleading shows an action is founded on a duly recorded instrument, a plaintiff is entitled
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149 So. 2d 357·
Fla. 2d DCA·
1963-01-30
·cited 12×
The court held that a lis pendens notice, filed more than one year prior, should be discharged and the deposit refunded when the underlying claim was transferred to the deposit and no statutory exceptions applied.
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346 So. 2d 627·
Fla. 3d DCA·
1977-05-31
·cited 10×
Angel Dominguez appealed the trial court's order discharging a lis pendens he filed in a partnership dissolution and accounting action. The Third District reversed because Dominguez was denied the opportunity to present evidence in opposition to the discharge motion, a procedural
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197 So. 3d 617·
Fla. 3d DCA·
2016-07-20
·cited 7×
Regents Park Investments appealed the trial court's discharge of a lis pendens it recorded on real property in connection with its suit for specific performance against Bankers Lending Services. The court reversed, holding that the proper standard for maintaining a lis pendens re
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340 So. 3d 492·
Fla. 4th DCA·
2022-06-01
·cited 6×
The appellate court affirmed a summary judgment for buyers who sought to recover their deposit on a real estate contract. The court held that buyers could terminate the contract because the closing did not occur by the "drop dead" date and because a notice of lis pendens remained
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43 Fla. L. Weekly D900·
Fla. 3d DCA·
2018-10-24
·cited 5×
An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction
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988 So. 2d 1289·
Fla. 2d DCA·
2008-09-03
·cited 4×
A notice of lis pendens cannot be maintained where the complaint does not directly affect title to or the right of possession of real property and seeks only money damages. A lis pendens is authorized only when the initial pleading is based upon a duly recorded instrument that di
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603 So. 2d 715·
Fla. 4th DCA·
1992-08-26
·cited 4×
The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
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475 So. 2d 1361·
Fla. 5th DCA·
1985-10-03
·cited 4×
Petitioners sought a writ of certiorari challenging a trial court's denial of their motion to discharge a lis pendens filed by respondents in a specific performance action involving unrecorded land. The court held that while petitioners had a statutory right to require a bond und
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348 So. 2d 330·
Fla. 1st DCA·
1977-03-30
·cited 4×
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402 So. 3d 422·
Fla. 3d DCA·
2024-12-18
·cited 1×
Trujillo appeals the trial court's discharge of a notice of lis pendens he filed on Garcia's property in a property damage dispute between neighbors. The Third District Court of Appeal affirmed, holding that a lis pendens is improper when the lawsuit seeks only money damages and
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352 So. 3d 939·
Fla. 2d DCA·
2022-12-16
·cited 1×
The appellate court denied a petition for a writ of certiorari because the appellant failed to provide an adequate appellate record. Without a transcript of the lower court hearing, the court could not determine if the trial court erred in discharging the notices of lis pendens w
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S.D. Fla.·
2023-10-27
The court adopted the magistrate judge's recommendation to dissolve the notices of lis pendens, finding that the plaintiffs failed to establish a sufficient nexus between their claims and the properties in question.
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Fla. 3d DCA·
2023-10-11
This case involves a dispute over quiet title claims to real property. The appellate court reversed a summary judgment, finding that material factual issues precluded the application of a statute that would have shielded mortgagees from suit.
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S.D. Fla.·
2023-07-14
The court held that while the plaintiff is not required to immediately remove the lis pendens pending appeal, he must post a supersedeas bond to safeguard the defendants' rights to potential sale proceeds.
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S.D. Fla.·
2023-06-13
The court held that the plaintiff failed to establish a fair nexus between his claims and the properties, thus the notices of lis pendens were improperly filed and must be discharged.
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Fla. 1st DCA·
2021-05-24
The appellate court affirmed the trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized the appellant's failure to provide a proper trial transcript, which prevented review of factual issues.
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Fla. 1st DCA·
2021-05-24
The appellate court affirmed a trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized that appellants failed to provide an adequate record for review of factual issues, thus upholding the presumption of correc