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

• Refaie v. Bayview Loan Servicing
  Fla. 2d DCA· 2021-05-14
  The court reversed an order granting surplus foreclosure proceeds to BB&T, finding BB&T's claim was untimely. The key issue was when the 60-day period to claim surplus funds begins, which the court determined starts with the filing of the certificate of disbursements.
• Wells Fargo Bank v. Dias
  Fla. 2d DCA· 2021-02-12
  The appellate court reversed a lower court's final judgment in favor of a third-party purchaser, finding the trial court erred by failing to conduct a de novo trial on remand. The court instructed the trial court to enter a final judgment of foreclosure in favor of the bank.
• Moise v. OLA Condo. Ass'n, Inc.
  Fla. 3d DCA· 2021-01-20
  The litigation privilege does not bar claims under Florida's filing of false documents statute or the Florida Consumer Collection Practices Act when an attorney, with actual knowledge that the principal lacked authority to collect, proceeds with collection efforts, filing of lien
• Kozyrev v. Ponomarenko
  S.D. Fla.· 2020-08-18
  Plaintiff Alexandr Kozyrev sued defendants Dmitry Ponomarenko and Fatima Esenova for breach of contract and unjust enrichment based on an alleged multi-million-dollar loan agreement. The district court found that Kozyrev and Ponomarenko engaged in bad faith by making inconsistent
• Anastasia Farman v. Deutsche Bank Nat'l Tr. CO
  Fla. 2d DCA· 2020-08-12
  The appellate court reversed a portion of a lower court's judgment that awarded damages for breach of a settlement agreement and attorney's fees. The court found the plaintiff (Trust) failed to prove it incurred damages or that the defendant's actions caused those damages, and th
• Fed. Nat'l Mortg. Assocation v. Miami Dade Cnty.
  S.D. Fla.· 2020-07-10
  The district court granted the motion to dismiss, finding that the Tax Injunction Act divested it of subject matter jurisdiction because the plaintiff's request for a declaration that a tax lien was unenforceable would effectively enjoin the collection of state taxes.
• Johnson v. Snyder
  Fla. 1st DCA· 2020-05-13
  This case involves a petition for a writ of certiorari seeking review of two nonfinal trial court orders. The appellate court dismissed the petition for lack of jurisdiction because it was filed untimely.
• Pensacola Beach, Inc. v. Via De Luna Corp.
  Fla. 1st DCA· 2020-04-15
  This case involves a commercial real estate mortgage default and foreclosure where appellants attempted to redeem the property. The court affirmed the lower court's decision, finding that the appellants' claims were procedurally barred and lacked merit.
• Pensacola Beach, Inc. v. Via De Luna Corp.
  Fla. 1st DCA· 2020-04-15
  This case involves a commercial real estate mortgage default and foreclosure. The appellate court affirmed the lower court's decision, ruling that the appellants' attempts to redeem the property were procedurally barred and lacked merit. The court found that the sublease was effe
• Hsbc Bank USA v. Achinelli
  Fla. 2d DCA· 2020-03-25
  The appellate court reversed a trial court's dismissal of a foreclosure complaint. The court found that the trial court erred in allowing a third-party purchaser of the property to intervene in the foreclosure action, as the purchaser's interest was not finalized until after the
• Saadi v. Maroun
  M.D. Fla.· 2020-02-18
  The court held that the shorter limitations period under Florida's Uniform Fraudulent Transfer Act applies to claims brought under that Act in supplementary proceedings, but a money judgment may be sought under Fla. Stat. § 56.29(3)(b).
• Kearney Constr. Co., LLC v. Travelers Cas. & Sur. Co. of Am.
  M.D. Fla.· 2019-12-19
  A judgment creditor can initiate proceedings supplementary to execute on a judgment, including filing a supplemental complaint to pursue fraudulent transfers and impleading third parties, provided statutory prerequisites are met.
• Triangle River, LLC v. Caroline Square Realty, LLC
  M.D. Fla.· 2019-12-02
  Attorneys' fees incurred in obtaining the discharge of a lis pendens are recoverable from the lis pendens bond, even if the arbitration panel did not explicitly award them.
• Tison v. Clairmont Condo. F Assoc., Inc.
  Fla. 4th DCA· 2019-11-06
  Victor Tison appeals the denial of his motion for attorney's fees and costs after prevailing against a condominium association's lawsuit for unpaid assessments. The trial court denied the fee award because Tison had sold his condominium unit during the pendency of the litigation.
• Systemax, Inc. v. Fiorentino
  Fla. 3d DCA· 2019-10-23
  This case concerns whether a private victim can enforce a federal criminal restitution order in state court. The appellate court held that under the Mandatory Victims Restitution Act (MVRA), only the federal government, not the victim, can pursue collection of such orders. This d
• LB Judgment Holdings v. Boschetti
  Fla. 3d DCA· 2019-03-13
  This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
• LB Judgment Holdings v. Boschetti
  Fla. 3d DCA· 2019-03-13
  This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related non-final orders concerning the discharge of these notices, ju
• Delta Aggregate, LLC v. Hermes Hialeah Warehouse, LLC
  Fla. 3d DCA· 2019-03-06
  The Court affirmed the trial court's judgment.
• 2017 Bell Ranch Residential Land Tr. v. Burrill
  264 So. 3d 295· Fla. 2d DCA· 2019-02-01
  The record owner of property on the date a lis pendens is filed is entitled to surplus funds from a judicial foreclosure sale unless the presumption is rebutted by proof of a voluntary or involuntary transfer or assignment of the right to collect the surplus. Equitable considerat
• Clare J. Greenshields v. Greenshields
  259 So. 3d 988· Fla. 5th DCA· 2018-11-30
  Clare Greenshields appeals orders discharging a lis pendens on her Merritt Island home but restricting proceeds from its sale, and denying her request to dissolve an injunction or require posting of a bond. The Fifth District reversed, holding that the trial court erred in requir
• HSBC Bank USA v. Horizon Specialty Consulting LLC
  Fla. 1st DCA· 2018-01-29
  A condominium association's lien for unpaid assessments relates back to the recording of the original declaration and may be foreclosed despite a prior mortgagee's notice of lis pendens; however, a purchaser at such a foreclosure sale is not entitled to intervene in the pending m
• Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc.
  Fla. 1st DCA· 2018-01-29
  A condominium association's lien for unpaid assessments relates back to the recording of the original declaration and may be foreclosed despite a prior mortgagee's notice of lis pendens. However, a purchaser at a lien foreclosure sale is not entitled to intervene in a pending mor
• Ditech Fin. LLC v. Veletta M. White
  222 So. 3d 603· Fla. 4th DCA· 2017-07-26
  Ditech Financial appealed a trial court's dismissal of a mortgage foreclosure action for lack of subject matter jurisdiction. The trial court misinterpreted Florida Statute § 48.23(1)(d), which bars enforcement of unrecorded liens after a lis pendens is filed, but does not prohib
• U.S. Bank, N.A. v. JAK Mortg., LLC
  224 So. 3d 268· Fla. 3d DCA· 2017-07-12
  U.S. Bank appeals the denial of its motion to vacate a default judgment quieting title in favor of JAK Mortgage. The court reverses, holding that the trial court lost jurisdiction over JAK Mortgage's quiet title claim against U.S. Bank when it dismissed U.S. Bank from the case, a
• Ober v. Town OF Lauderdale-By-The-Sea
  213 So. 3d 954· Fla. 4th DCA· 2017-03-22
• Fountainspring II Homeowners Ass'n, Inc. v. Veliz
  212 So. 3d 1049· Fla. 4th DCA· 2017-03-15
  A homeowners association challenged a trial court's decision to vacate a foreclosure judgment on the grounds of lack of jurisdiction. The Fourth District Court of Appeal reversed, holding that the association's lien, which related back to 1989 under its Declaration of Covenants,
• Angler's Reef Prop. Owners' Ass'n v. Guirm Inv. LLC
  196 So. 3d 507· Fla. 3d DCA· 2016-07-13
  The court held that an appeal of an order discharging a lis pendens is timely if filed within thirty days of the discharge order, even if the order setting the bond amount was issued earlier.
• Citimortgage, Inc. v. Flowers
  189 So. 3d 1032· Fla. 4th DCA· 2016-04-13
  The court held that the trial court erred in vacating the foreclosure judgment because the prior lis pendens did not divest the circuit court of jurisdiction over a subsequently filed foreclosure action on a previously recorded mortgage.
• Massa v. McNUTT
  172 So. 3d 516· Fla. 5th DCA· 2015-08-07
  Appellants' counsel is sanctioned for filing a frivolous notice of lis pendens and a baseless motion for extension of lis pendens.
• United States ex rel. Bumbury v. Med-Care Diabetic & Med. Supplies, Inc.
  S.D. Fla.· 2015-05-01
  The court denied defendants' motion for sanctions, finding that the law firm's conduct did not rise to the level of bad faith or recklessness required for sanctions.
• Bertram v. U.S. Bank N.A.
  148 So. 3d 783· Fla. 2d DCA· 2014-07-09
  Florida appellate court affirmed dismissal of lis pendens and denial of foreclosure relief but reversed the portion restricting pro se filings because the trial court failed to provide notice and opportunity to respond before imposing the sanction.
• JP Morgan Chase Bank, N.A. v. Garcia
  116 So. 3d 639· Fla. 3d DCA· 2013-07-03
• In & for New Castle Cnty. Cornell Glasgow, LLC v. C.A. No. N11C-07-160 JRS CCLD LaGRANGE Props., LLC
  Del. Super. Ct.· 2012-08-01
  The Delaware Superior Court denied the defendants' motion to dismiss the entire complaint based on the rule against perpetuities, finding the commercial agreement did not violate the rule. The court granted the defendants' motion to dismiss the claims for conversion and civil con
• Weaver v. Mateer & Harbert, P.A.
  238 F. Supp. 125· M.D. Fla.· 2011-11-03
  The court held that the plaintiff failed to meet his burden to show that discovery responses were inadequate or evasive, and that certain discovery requests were overly broad, vague, or exceeded the permissible number of interrogatories. The court also denied the motion for appoi
• Allen v. City of Jacksonville Honorable Jim Fuller Clerk
  74 So. 3d 147· Fla. 1st DCA· 2011-10-31
• Glanz v. Glanz
  63 So. 3d 936· Fla. 4th DCA· 2011-06-29
• Hock v. Legacy Bank OF Fla.
  82 So. 3d 845· Fla. 4th DCA· 2011-04-20
  The court held that the petitioners failed to demonstrate irreparable harm not remediable on appeal, thus the petition for certiorari must be dismissed.
• Surtain v. Caprio
  82 So. 3d 831· Fla. 4th DCA· 2011-04-06
  The Surtains sought certiorari review of a trial court order that dissolved their notice of lis pendens on property they alleged Landmark Custom Ranches unjustly enriched itself from through improvements they made. The appellate court held that the trial court erred by granting t
• Abner v. Johnson
  56 So. 3d 137· Fla. 4th DCA· 2011-03-16
  The appellate court affirmed a final judgment upholding a deed's validity against a homeowner's claim and reversed an order denying a purchaser's request for attorney's fees.
• S. BAY Lakes Homeowners Ass'n, Inc. v. Wells Fargo Bank, N.A.
  53 So. 3d 1239· Fla. 2d DCA· 2011-02-18
  South Bay Lakes Homeowners Association appeals the denial of attorney's fees under section 57.105 after successfully defending a foreclosure action filed by Wells Fargo without an assignment of the mortgage or legal standing. The court reversed, finding the trial court abused its
• Empire Ocean Residence Realty, LLC v. CDR Créances
  44 So. 3d 179· Fla. 3d DCA· 2010-09-01
  Empire Ocean Residence Realty sought certiorari review of a trial court order denying lis pendens bonds in a fraud and equitable lien case. The Florida District Court of Appeal held that when a party seeking a lis pendens bond demonstrates likely damages attributable to the lis p
• Trinity Quadrille, LLC v. Opera Place, LLC
  42 So. 3d 884· Fla. 4th DCA· 2010-08-18
  Trinity Quadrille breached a real estate purchase contract by failing to attend the scheduled closing on March 15, 2007, for a 3.2-acre parcel in West Palm Beach. The court affirmed summary judgment for the seller Opera Place, holding that Trinity's failure to close constituted a
• Mohorne v. Beal Bank
  419 B.R. 488· S.D. Fla.· 2009-11-09
  The court affirmed the bankruptcy court's orders denying Mohorne's motions, holding that the Rooker-Feldman doctrine and collateral estoppel barred relitigation of the state court's decision regarding the foreclosed property.
• In re Amendments to the Florida Rules of Civil Procedure
  20 So. 3d 379· Fla.· 2009-10-01
  The Florida Supreme Court adopted amendments to Florida Rules of Civil Procedure Form 1.918 (Lis Pendens) in response to recent statutory changes to section 48.23, Florida Statutes, governing the contents of a notice of lis pendens. The amendments became effective immediately and
• Strategic Empowerment FOR Econ. Dev., Inc. v. S. Dade Realty, Inc.
  14 So. 3d 260· Fla. 3d DCA· 2009-07-29
  SEED, a commercial real estate seller, appeals an interlocutory order that dissolved a lis pendens filed by broker SDR to cloud title but simultaneously imposed an equitable lien on sale proceeds to secure the brokerage commission. The Third District Court of Appeal reversed, hol
• Olesh v. Greenberg
  978 So. 2d 238· Fla. 5th DCA· 2008-04-04
  Alvin Olesh appealed summary judgment dismissing his claims against Patricia Greenberg for partition of real property, accounting, and unjust enrichment. The court reversed, finding that Olesh's trial attorney provided incompetent representation by failing to respond to discovery
• Real Invs., LLC v. The Oaks Grp., Inc.
  973 So. 2d 643· Fla. 4th DCA· 2008-01-30
  The court held that the purchaser failed to demonstrate that the bond amount for the lis pendens was not supported by competent substantial evidence, and thus, there was no abuse of discretion.
• Tzvi Schachter v. Krzynowek
  958 So. 2d 1061· Fla. 4th DCA· 2007-06-13
  This case addresses whether a buyer in a real estate contract must file a lis pendens to preserve the remedy of specific performance when the seller breaches and sells to another party. The court held that filing a lis pendens is a tactical choice, not a legal requirement, and th
• Perdomo v. Cabrera
  963 So. 2d 736· Fla. 3d DCA· 2007-05-23
  Edna Marisela Perdomo appealed the dissolution of a lis pendens on a condominium owned by a corporation. The court affirmed the dissolution, holding that Perdomo lacked standing to claim partition rights under Kay v. Key West Development Co. because she was not a shareholder of t
• Trenchard v. Est. OF William W. Gray
  950 So. 2d 1277· Fla. 2d DCA· 2007-03-21