Lis Pendens

586 Florida cases classified under this topic, plus 3 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Porte F. Quinn v. Phipps
  113 So. 419· Fla.· 1927-04-11 ·cited 679×
  Quinn, a real estate broker, agreed to negotiate the purchase of Florida property on behalf of Phipps but instead purchased the property for himself in violation of that fiduciary relationship. The Florida Supreme Court held that Quinn became a constructive trustee of the propert
• Lovett v. Lovett
  112 So. 768· Fla.· 1927-03-29 ·cited 369×
  In this partition case, the Florida Supreme Court addresses whether additional land can be brought before a court through a defendant's answer and counter-claim without making necessary parties (two minor co-defendants) parties to that counter-claim. The Court holds that the proc
• Dep't OF LAW Enf't v. Real Prop.
  588 So. 2d 957· Fla.· 1991-08-15 ·cited 281×
  The Florida Supreme Court held that the Florida Contraband Forfeiture Act is facially constitutional but requires adherence to minimum due process protections under the Florida Constitution. The Court established detailed procedural requirements distinguishing between real and pe
• Holman Willis v. Mrs. M. C. Fowler
  102 Fla. 35· Fla.· 1931-06-17 ·cited 142×
  Willis sued in equity to rescind a contract for purchase of a syndicate interest allegedly procured through fraud, seeking return of $6,666.67 paid to Fowler. The Florida Supreme Court held that equity has jurisdiction to rescind parol contracts based on fraud and that the bill s
• Chiusolo v. Kennedy
  614 So. 2d 491· Fla.· 1993-02-25 ·cited 118×
  The Florida Supreme Court addressed the standard for discharging a lis pendens notice filed in connection with a lawsuit seeking to impose a resulting and constructive trust on real property. The Court held that a lis pendens cannot be discharged if the proponent establishes a fa
• Focht v. Wells Fargo Bank, N.A.
  124 So. 3d 308· Fla. 2d DCA· 2013-09-25 ·cited 111×
  A plaintiff in a foreclosure action must establish standing to enforce the note at the time the complaint is filed; standing acquired after filing, including through a postfiling assignment or late production of the original note endorsed in blank, cannot cure the plaintiff's lac
• Greenwald v. Graham
  100 Fla. 818· Fla.· 1930-10-10 ·cited 85×
  Amelia Greenwald sought recovery of fixtures and furniture removed from a mortgaged theatre building before the foreclosure sale and sold to Charles Walder. The Florida Supreme Court reversed the trial court's dismissal, holding that fixtures attached to mortgaged property become
• Hill v. First Nat'l Bank of Marianna & H. A. Bowles as Sheriff of Jackson Cnty.
  73 Fla. 1092· Fla.· 1917-05-16 ·cited 67×
  Hannah Hill sought to enjoin the sale of eighty acres claimed as her homestead, challenging a judgment lien held by the First National Bank of Marianna. The Florida Supreme Court reversed the trial court's dismissal, holding that Hill was entitled to homestead exemption protectio
• In re Florida Rules of Civil Procedure
  211 So. 2d 174· Fla.· 1968-06-19 ·cited 66×
  This is a Florida Supreme Court order approving official forms for use in civil procedure, including summonses, complaints, subpoenas, writs, bonds, and other pleadings. The forms became effective September 30, 1968, and are designed to provide flexibility while establishing stan
• Hans Ulrich Bothmann v. Harrington
  458 So. 2d 1163· Fla. 3d DCA· 1984-11-06 ·cited 63×
  Hans Bothmann appeals a summary judgment limiting his compensatory damages to $1,000 and denying punitive damages in his action against his ex-wife Harrington for filing a lis pendens on his condominium, which delayed a sale. The court reverses the liability determination, findin
• Usaco Coal Co. v. Carbomin Energy, Inc.
  689 F.2d 94· 6th Cir.· 1982-09-27 ·cited 59×
  The court held that a district court has the power to issue a preliminary injunction to preserve assets for potential restitution based on a breach of fiduciary duty, even if the defendants argue state law remedies are adequate.
• Horter v. The Commercial Bank & Tr. Co.
  99 Fla. 678· Fla.· 1930-03-26 ·cited 57×
  The Florida Supreme Court affirmed the trial court's order overruling John C. Horter's plea in abatement to a mortgage foreclosure suit. The court held that Horter's plea, which sought to stay the foreclosure proceedings based on a prior pending suit involving the same property,
• Whitburn, LLC v. Wells Fargo Bank, N.A.
  190 So. 3d 1087· Fla. 2d DCA· 2015-12-18 ·cited 55×
  Whitburn, LLC, which obtained record title to foreclosed property after a lis pendens was filed in Wells Fargo's mortgage foreclosure action, lacked standing to challenge the foreclosure sale. The court affirmed the denial of Whitburn's motion to cancel the sale, holding that a p
• Demars v. Vill. OF Sandalwood Lakes Homeowners Ass'n, Inc.
  625 So. 2d 1219· Fla. 4th DCA· 1993-04-07 ·cited 55×
  The Fourth District Court of Appeal reversed a foreclosure judgment and remanded the case, holding that while a bare-bones affidavit of diligent search is facially sufficient to support constructive service under Florida law, the actual search conducted must still meet the standa
• Howard Cole & Co., Inc. v. Sallie Williams and Zibe Williams and Executor of the Last Will and Testament of F. H. Williams
  157 Fla. 851· Fla.· 1946-08-02 ·cited 54×
  Howard Cole & Company sought dismissal of a bill of complaint by Fitz Williams (later his executors) seeking specific performance of an option to purchase real estate contained in a lease contract executed in 1938. The Florida Supreme Court held that Williams's option had expired
• Dundee Naval Stores Co. v. McDowell
  65 Fla. 15· Fla.· 1913-01-28 ·cited 54×
  The Florida Supreme Court held that the Dundee Naval Stores Company, as assignee of a turpentine lease executed after mortgages but before foreclosure proceedings, was not bound by the foreclosure decree to which it was not a party, and therefore retained its leasehold rights aga
• Willey v. W. J. Hoggson Corp.
  90 Fla. 343· Fla.· 1925-10-17 ·cited 50×
  The Florida Supreme Court dismissed an appeal brought by trustees and beneficiaries of a so-called "common law trust" challenging a prior foreclosure decree that resulted in the sale of valuable property. The Court held that the purported trust was actually a co-partnership that
• Beefy King Int'l, Inc. v. Veigle
  464 F.2d 1102· 5th Cir.· 1972-07-27 ·cited 48×
  The court held that an order releasing real property from a lis pendens is appealable and was properly discharged because the underlying suit did not directly affect the property.
• Cliett v. Hammonds
  305 F.2d 565· 5th Cir.· 1962-06-28 ·cited 48×
  The court held that while the judgment improperly mixed civil and criminal contempt procedures, the finding of civil contempt was valid and the judgment should be modified to remove the criminal aspects.
• In re Amendments to the Florida Rules of Civil Procedure (two Year Cycle)
  917 So. 2d 176· Fla.· 2005-12-15 ·cited 46×
  The Court adopted amendments to the Florida Rules of Civil Procedure requiring litigants to certify good-faith efforts to resolve discovery disputes before filing motions, streamlining the failure-to-prosecute dismissal process with notice and a sixty-day cure period, permitting
• Cain & Bultman, Inc. v. Miss SAM, Inc.
  409 So. 2d 114· Fla. 5th DCA· 1982-01-27 ·cited 45×
  This case resolves competing claims to Florida real property between Cain & Bultman (holder of a subsequently recorded mortgage) and Miss Sam (successor to contract purchasers under an unrecorded agreement for deed). The court held that Cain & Bultman acquired its mortgage with c
• City First Mortg. Corp. v. Barton
  988 So. 2d 82· Fla. 4th DCA· 2008-07-16 ·cited 44×
  The appellate court reversed in part a trial court's decision concerning a mortgage foreclosure dispute, specifically addressing the application of the unclean hands doctrine, damages, and a borrower's counterclaim under the Florida Deceptive and Unfair Trade Practices Act.
• Am. Legion Cmty. Club v. Murray Diamond
  561 So. 2d 268· Fla.· 1990-05-10 ·cited 44×
  The Florida Supreme Court held that a suit to set aside a conveyance based on alleged violations of corporate bylaws and constitutional provisions is not an action "founded on a duly recorded instrument" under Florida Statutes § 48.23, and therefore a notice of lis pendens in suc
• Procacci v. Zacco
  402 So. 2d 425· Fla. 4th DCA· 1981-06-03 ·cited 43×
  The Procaccis filed a notice of lis pendens in an easement action that was ultimately unsuccessful. When the property owners (Zacco) sued for slander of title and tortious interference with contract based on the filing of that notice, the trial court granted summary judgment agai
• Avalon Assocs. OF Del. Ltd. v. Avalon Park Assocs., Inc.
  760 So. 2d 1132· Fla. 5th DCA· 2000-07-07 ·cited 42×
  This certiorari case addresses whether a party can file and maintain a lis pendens against real property without posting a bond when the underlying lawsuit is based on an unrecorded development agreement, even though the party filed a consensual lien based on that agreement. The
• Acapulco Constr., Inc. v. Redavo Ests., Inc.
  645 So. 2d 182· Fla. 3d DCA· 1994-11-23 ·cited 42×
  Acapulco Construction and its president appealed the discharge of their notice of lis pendens on property subject to a lawsuit seeking to impose a constructive trust. The court reversed, holding that plaintiffs established a fair nexus between their equitable ownership claim and
• Chatlos v. City OF Hallandale
  220 So. 2d 353· Fla.· 1968-12-12 ·cited 42×
  The Florida Supreme Court resolved a conflict among District Courts of Appeal regarding the proper method to appeal a judgment awarding attorneys' fees and costs in an abandoned eminent domain proceeding. The Court held that a cost judgment entered as part of a final judgment is
• Green v. Roth
  192 So. 2d 537· Fla. 2d DCA· 1966-12-09 ·cited 42×
  In this interlocutory appeal, the court addresses whether individual defendants who filed motions attacking collateral issues (lis pendens and bond amount) without first challenging jurisdiction have submitted themselves to the court's jurisdiction and must answer the complaint.
• Hubbard v. Cazares
  413 So. 2d 1192· Fla. 2d DCA· 1981-12-14 ·cited 41×
  A timely objection to personal jurisdiction is waived when the defendant thereafter requests a change of venue, because a motion for change of venue is an affirmative request for relief that is inconsistent with and goes beyond a defense on the merits.
• Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc.
  458 So. 2d 45· Fla. 2d DCA· 1984-10-17 ·cited 36×
  Hallmark Builders sought to amend its specific performance complaint to add a third-party purchaser as a defendant and to reinstate a discharged lis pendens. The trial court denied the amendment motion and discharged the lis pendens without notice or hearing. The appellate court
• Cacaro v. Swan
  394 So. 2d 538· Fla. 4th DCA· 1981-02-25 ·cited 36×
  A notice of lis pendens filed based on an unrecorded contract to convey real property is not subject to discharge solely for lack of a prior hearing, but remains subject to the trial court's control.
• Preston v. United States
  284 F.2d 514· 9th Cir.· 1960-11-30 ·cited 36×
  The court held that attorneys cannot recover supplemental fees from parties who incidentally benefited from their services without express authorization or jurisdiction over those parties.
• Sperling v. Davie
  41 So.2d 318· Fla.· 1949-06-28 ·cited 36×
  This case involves a dispute over the sale of real property where the sellers entered into two contracts for the same property. The court affirmed a decree for specific performance for the first buyer, finding the second buyer had knowledge of the prior contract and acted fraudul
• S & T Builders v. Globe Props., Inc.
  944 So. 2d 302· Fla.· 2006-11-16 ·cited 35×
  The Florida Supreme Court held that trial courts may include reasonably foreseeable attorney's fees in a lis pendens bond, resolving a conflict between district courts. The decision approves the Fourth District's reasoning that attorney's fees are recoverable damages in lis pende
• Kent v. Kent
  431 So. 2d 279· Fla. 5th DCA· 1983-05-12 ·cited 35×
  The court concurred with the majority opinion, emphasizing the distinction in Florida Statute Section 48.23(3) regarding lis pendens based on whether the action is founded on a duly recorded instrument.
• Mills Dev. Corp. v. Shipp & Head, Inc.
  126 Fla. 490· Fla.· 1936-12-11 ·cited 35×
  Mills Development Corporation concerns shareholders' equitable rights in a corporation formed as part of a joint venture. The Florida Supreme Court affirmed that plaintiffs, who were promised 49% stock in exchange for brokerage services, could pursue an equitable action despite n
• Cooper Vill., Inc. v. Moretti
  383 So. 2d 705· Fla. 4th DCA· 1980-04-30 ·cited 33×
  Court denied Cooper Village's petition for common law certiorari challenging the circuit court's refusal to discharge a notice of lis pendens, finding no departure from essential legal requirements.
• Blumin v. Ellis
  186 So. 2d 286· Fla. 2d DCA· 1966-05-04 ·cited 33×
  Stockholders of Palmdale Water and Gas Company brought suit to enforce an equitable lien on assets sold to General Utilities, which subsequently went bankrupt. The court held that the stockholders had enforceable equitable liens under the purchase agreement, rejecting defenses ba
• Riesen v. Md. Cas. Co.
  153 Fla. 205· Fla.· 1943-06-22 ·cited 33×
  The Florida Supreme Court reviewed a trial court's denial of a motion to dismiss and motion to strike portions of a creditor's bill filed by Maryland Casualty Company against the Riesens to reach assets to satisfy a judgment. The Court held that while the bill had equity as to eq
• Ellison v. Allen
  8 Fla. 206· Fla.· 1858-01-01 ·cited 33×
  This case concerns the statute of non-claim for estate claims and whether ordering writs of scire facias to bring an estate administrator as a defendant constitutes sufficient presentation of a claim to toll the two-year bar period. The court held that the two-year limitation per
• Ross v. Breder
  528 So. 2d 64· Fla. 3d DCA· 1988-07-05 ·cited 32×
  The Florida Third District Court of Appeal granted a petition for writ of certiorari, quashing a lower court's order that denied the dissolution of a notice of lis pendens. The appellate court held that while a lis pendens was appropriate, the partnership agreement and deed did n
• Lake Placid Holding Co. v. Elissa Landi Paparone
  414 So. 2d 564· Fla. 2d DCA· 1982-04-28 ·cited 32×
  Lake Placid Holding Company sought to discharge a lis pendens filed by Elissa Paparone, a real estate broker claiming entitlement to a commission and profits interest in a property transaction. The court held that Paparone's claim, being based solely on a broker's commission agre
• Strate v. Strate
  328 So. 2d 29· Fla. 3d DCA· 1976-02-10 ·cited 32×
  Mildred Chiasson Strate appealed a final judgment awarding Cal Koven $60,000 plus interest and costs on his counterclaim for slander of title to real property. The appellate court affirmed the judgment, finding no reversible error in the trial court's proceedings.
• Intermediary Fin. Corp. v. McKay
  93 Fla. 101· Fla.· 1927-01-20 ·cited 32×
  Intermediary Finance Corporation sued for specific performance of a land sale contract. The court reversed an order allowing W. Denver Marbourg to intervene as a defendant, holding that a party who purchased an interest in the property after a lis pendens was filed and recorded i
• Dania MUÑIZ and Arturo A. Chao v. Crystal Lake Project, LLC
  947 So. 2d 464· Fla. 3d DCA· 2006-10-25 ·cited 31×
  Purchasers sought specific performance of a contract to buy a home from a developer, which the developer terminated after the purchasers inspected the construction and filed suit. The appellate court reversed the trial court's denial of specific performance, holding that the cont
• In re Tex. Extrusion Corp. v. Lockheed Corp.
  844 F.2d 1142· 5th Cir.· 1988-05-12 ·cited 31×
  The court held that an order approving a disclosure statement is not a final order for purposes of appeal, and that the bankruptcy court's application of Rule 70 was harmless error. The court also affirmed the cancellation of the lis pendens.
• Hough v. Bailey
  421 So. 2d 708· Fla. 1st DCA· 1982-11-09 ·cited 31×
  The Houghs appealed an order dissolving a lis pendens filed in connection with their lawsuit seeking specific performance and reformation of deeds based on a nonrecorded contract. The First District Court of Appeal reversed, holding that while the action was not founded on a reco
• Tilghman Cypress Co. v. John R. Young Co.
  60 Fla. 382· Fla.· 1910-06-01 ·cited 31×
  The appellate court affirmed the lower court's decision to dismiss a bill of complaint without prejudice. The court held that dismissing a case without prejudice is within the sound judicial discretion of the chancellor and will not be overturned on appeal unless that discretion
• U.S. Bank Nat'l Ass'n v. Bevans
  138 So. 3d 1185· Fla. 3d DCA· 2014-05-21 ·cited 30×
  U.S. Bank appeals an order vacating its mortgage foreclosure judgment and exempting the property purchaser from the Bank's senior lien. The court holds that a purchaser at a junior lienholder's foreclosure sale takes title subject to senior liens, and that a failure to record a l
• Indian River Farms v. YBF P'rs
  777 So. 2d 1096· Fla. 4th DCA· 2001-01-24 ·cited 30×
  This appeal addresses whether an assignee of a mortgagor's equitable right of redemption timely exercised that right after a foreclosure sale. The court affirms the trial court's overruling of objections to the sale but vacates the certificate of title and remands for proceedings