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

• In & for New Castle Cnty. Edix Media Grp., Inc.
  Del. Ch.· 2006-12-12
  The Court found that the defendant breached his confidentiality agreement by disclosing confidential information, including advertising rates, which constituted a trade secret. However, the non-competition agreement was limited in scope when applied to the defendant as an indepen
• Bemben v. Chock
  938 So. 2d 565· Fla. 2d DCA· 2006-09-06
  The court held that a trial court lacks jurisdiction to enter a final order disposing of a cause while an interlocutory appeal of a non-final order is pending.
• Real Invs., LLC v. The Oaks Grp., Inc.
  922 So. 2d 403· Fla. 4th DCA· 2006-03-08
• United States v. Persaud
  420 F. Supp. 2d 1263· M.D. Fla.· 2006-01-18
  The court held that while the government has the power to force a sale of property to satisfy tax debts, equitable considerations and third-party interests, as outlined in United States v. Rodgers, may warrant postponing or modifying such sales, particularly concerning a spouse's
• Schwartz v. Est. OF Bernard Schwartz
  905 So. 2d 1027· Fla. 4th DCA· 2005-07-06
  A notice of lis pendens expires after one year from commencement of action unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded instrument. Here, the lis pendens was invalid because neither the original 1994 complaint for arrearages nor t
• Rangwal Eloy Spindler v. Mayol
  849 So. 2d 1102· Fla. 3d DCA· 2003-05-28
  In this divorce appeal, the Florida Third District Court of Appeal addressed whether a trial court had personal jurisdiction over a husband who absconded to Brazil with the parties' child. The court held that while service of process was defective, the judgment dissolving the mar
• Harris v. Nat'l Judgment Recovery Agency, Inc.
  819 So. 2d 850· Fla. 4th DCA· 2002-05-22
  Harris appealed the denial of his motion to vacate a 15-year-old judgment obtained by Baarcke in 1985 and subsequently assigned to National Judgment Recovery Agency. Harris also challenged the enforcement of a writ of execution on his real property while foreclosure proceedings w
• Dowdy v. Charter Fin. Grp., Inc.
  122 F. Supp. 2d 1347· M.D. Fla.· 2000-11-29
  A state-created lien is only superior to a federal lien if it is choate, meaning its identity, property subject to it, and amount are established. An inchoate lis pendens does not defeat a perfected federal lien.
• Hotel Europe, Inc. v. Aouate
  766 So. 2d 1149· Fla. 3d DCA· 2000-08-30
  Hotel Europe appeals a trial court's denial of its motion to dissolve a lis pendens filed by Aouate over one year after the lawsuit commenced and after final judgment had been entered. The appellate court reversed, holding that the lis pendens was invalid under Florida Statute §
• Roberts v. United States
  141 F.3d 1468· 11th Cir.· 1998-05-29
  Karen Roberts, a third party with an interest in property subject to a criminal forfeiture proceeding, filed a separate civil suit against the United States claiming the restraint violated the Fifth Amendment. The Eleventh Circuit held that 21 U.S.C. § 853(k)(2) bars such civil s
• Kates v. Saxton
  710 So. 2d 755· Fla. 4th DCA· 1998-05-27
• Jackson v. Alexander
  706 So. 2d 364· Fla. 1st DCA· 1998-01-30
  Jackson sought certiorari review of a trial court's denial of his motion to quash a foreign judgment, arguing the court erred by requiring him to post bond before his motion could be heard. The court held that Florida law requires a judgment debtor to post bond as a condition of
• United States v. St. Pierre
  950 F. Supp. 334· M.D. Fla.· 1996-12-10
  The court held that the government's filing of a notice of lis pendens against property subject to forfeiture does not constitute a seizure, and defendants are not entitled to a pretrial hearing to challenge the forfeiture or probable cause determination.
• Sailfish Point, Inc. v. Sailfish Point Owners Representatives by Jeff Jaffe
  679 So. 2d 1283· Fla. 4th DCA· 1996-09-25
  A recorded declaration restricting alienation of property can support a lis pendens, but the lis pendens must comply with statutory notice requirements and cannot extend to claims unrelated to the property or personal property not sufficiently linked to the lawsuit.
• Fencl v. Nat Weaver
  670 So. 2d 1188· Fla. 5th DCA· 1996-04-04
• In re Mich. Lithographing Co. v. Mich. Lithographing Co.
  997 F.2d 1158· 6th Cir.· 1993-07-02
  A construction company's failure to file a notice of lis pendens does not render its otherwise properly recorded construction lien unenforceable against a bankruptcy trustee if the lien itself provided constructive notice.
• United States v. Swissco Props. Within the S. Dist. of Fla.
  S.D. Fla.· 1993-04-02
  The court held that the government failed to establish good cause for a complete stay of civil discovery, but granted a limited stay to protect confidential informants and case agents.
• United States v. Dean
  707 F. App'x 729· M.D. Fla.· 1993-03-29
  The court held that the delays in the forfeiture proceedings were reasonable and did not violate Petitioner's due process rights.
• Pelfresne v. Vill. OF Williams BAY
  965 F.2d 538· 7th Cir.· 1992-06-24
  The Seventh Circuit affirmed the district court's dismissal, holding that the Anti-Injunction Act barred Pelfresne's attempt to enjoin the state court's raze order because Pelfresne had constructive notice of the order and was not a good faith purchaser under Wisconsin law.
• Valley Ranch Dev. Co., Ltd. v. Fed. Deposit Ins. Corp.
  960 F.2d 550· 5th Cir.· 1992-05-14
  The court held that the district court did not err in refusing to enforce the settlement agreement, denying a jury trial, dismissing underlying claims due to omission from the pretrial order, cancelling lis pendens, or denying attorney intervention.
• Phelps v. Fina OIL & Chem. Co.
  952 F.2d 354· 10th Cir.· 1991-12-26
  A judgment creditor need not show the judgment debtor has an actionable claim against the transferee to maintain a creditor's bill action against a transferee of a fraudulent conveyance.
• USA Fin. Servs., Inc. v. Steward
  588 So. 2d 299· Fla. 1st DCA· 1991-11-01
  The appellate court reversed a final judgment that found a constructive trust lien on real property superior to a perfected security interest in a mobile home affixed to that property.
• Tishman-Speyer Equitable S. Fla. Venture v. Knight Invs.
  591 So. 2d 213· Fla. 4th DCA· 1991-05-22
  In this appeal of a slander of title action, the court reversed judgment for Knight Investments and held that Tishman-Speyer's letter and recorded affidavit constituted privileged publications as a matter of law because they were communicated only to interested parties or were ta
• The Henhill Corp. v. State
  578 So. 2d 335· Fla. 3d DCA· 1991-04-02
  The Henhill Corporation appeals a summary judgment favoring the State in a RICO forfeiture action. The court reversed, holding that the State lost its lien priority by failing to file a required section 895.07 RICO lien notice within 90 days of filing its initial section 895.05(1
• Burnette v. Black
  578 So. 2d 740· Fla. 5th DCA· 1991-03-14
  Petitioners challenged a lis pendens filed in a quiet title action that described property beyond what respondents actually claimed. The Florida appellate court held that a lis pendens may only encumber property that is the actual subject of the litigation, and quashed the trial
• In re Strom v. Strom
  921 F.2d 836· 8th Cir.· 1991-01-04
  The court held that Palatine failed to establish a valid lien on the registered property because it did not comply with the statutory filing requirements. The court also reversed the district court's reversal of attorney fees, finding the bankruptcy court did not abuse its discre
• Valentin Bereza v. H. Annette Jones Ad Litem of Tatiana Bereza
  566 So. 2d 345· Fla. 2d DCA· 1990-08-31
  A writ of certiorari should be granted to vacate an order denying a motion to dissolve a notice of lis pendens when the underlying action is not founded upon a duly recorded instrument.
• Fed. Deposit Ins. Corp. v. Slinger
  913 F.2d 7· 1st Cir.· 1990-08-30
  The court held that the Purchase and Sale Agreement remained enforceable until the foreclosure sale, and that the district court correctly determined the priority of claims and Slinger's personal liability.
• A Parcel OF Real Prop. & THE Contents Thereof Located AT 7335 N.W. 52ND Court v. State OF Mich.
  564 So. 2d 219· Fla. 4th DCA· 1990-07-11
  Florida property owners challenged a Michigan prosecutor's attempt to forfeit their real property under Florida law and record a lis pendens against it. The appellate court quashed the trial court's stay of proceedings, holding that Michigan lacked authority to bring a forfeiture
• S.B. McLAUGHLIN & Co., Ltd. v. Tudor Oaks Condo. Project
  877 F.2d 707· 8th Cir.· 1989-06-15
  A mere allegation of a constructive trust does not establish a sufficient proprietary interest under Minnesota law to support a notice of lis pendens without a court judgment declaring its existence.
• Connor Realty, Inc. v. Ocean Terrace N. Condo. Ass'n, Inc.
  539 So. 2d 520· Fla. 4th DCA· 1989-03-01
  A bond deposited in the court registry as a condition to discharge a lis pendens must be construed according to the court order establishing it and cannot be released to satisfy a judgment in an unrelated case.
• Episalla v. Jarrell
  539 So. 2d 3· Fla. 4th DCA· 1989-02-15
  The court affirmed summary judgment on the breach of contract claim but reversed and remanded the slander of title claim based on wrongful lis pendens filing, finding material questions of fact regarding damages.
• M.G. Marine Supply Corp. v. Foreign Trade, Inc.
  537 So. 2d 696· Fla. 3d DCA· 1989-01-31
  A lis pendens is reversed as fatally defective because the underlying pleading failed to describe the burdened property and did not name the property titleholder as a party defendant.
• Scott v. Haufler
  526 So. 2d 996· Fla. 1st DCA· 1988-06-08
  Mechanics liens that are not enforced within one year are discharged and cannot take priority over a subsequently recorded mortgage, even if the lien was initially filed before the mortgage.
• Ewers v. Ford Motor Co.
  843 F.2d 1331· 11th Cir.· 1988-05-02
  The court held that a genuine issue of material fact exists regarding whether the plaintiff justifiably relied on the defendant's misrepresentations, precluding a directed verdict.
• Howard v. Hillel Meyers
  525 So. 2d 443· Fla. 3d DCA· 1988-04-26
  The court held that the trial court correctly found no merger of leasehold and fee interests and properly dismissed the foreclosure action due to the failure to cure defaults.
• Thompson v. Adams
  685 F. Supp. 842· M.D. Fla.· 1988-04-12
  Federal tax liens are superior to state-law liens and the conveyance of property was a fraudulent conveyance voidable by the government.
• Bennerson v. Beresford & Marie Small v. Frank Weisner Real Est. Co. & as Agent for William Ephraim & Frank Weisner
  842 F.2d 710· 3d Cir.· 1988-03-30
  A forged deed cannot pass good title, and purchasers with notice of pending litigation are not bona fide purchasers.
• City OF Angoon v. Hodel
  836 F.2d 1245· 9th Cir.· 1988-01-15
  The court held that Alaska would not recognize an abuse of process cause of action for filing a notice of lis pendens, nor would it recognize a cause of action for "prima facie tort" in this context.
• Fed. Sav. & Loan Ins. v. Fla. 100 Dev. Grp., Inc.
  670 F. Supp. 1577· S.D. Fla.· 1987-10-07
  Federal courts lack subject matter jurisdiction over counterclaims against the FSLIC as receiver, as Congress intended these claims to be resolved through an administrative process. However, affirmative defenses are not barred.
• Lazzara v. Marisa Caudet Molins
  504 So. 2d 13· Fla. 2d DCA· 1987-01-07
• ARD v. Morton D. Aulls
  477 So. 2d 1032· Fla. 5th DCA· 1985-10-03
• United States v. Scharrer
  614 F. Supp. 234· S.D. Fla.· 1985-07-15
  The court held that the defendant's post-trial motions alleging insufficient evidence and ineffective assistance of counsel were without merit.
• Willard v. The City OF Beaumont
  761 F.2d 1100· 5th Cir.· 1985-06-03
  Filing a public claim of ownership adverse to the record owner does not constitute a "taking" of property under the Fifth and Fourteenth Amendments, even if it diminishes market value.
• Andre Pirio Assocs., Inc. v. Parkmount Props., Inc., N.V.
  453 So. 2d 1184· Fla. 2d DCA· 1984-08-10
  Andre Pirio Associates sought to enforce a real estate contract and filed a lis pendens. The trial court ordered a $200,000 bond to maintain the lis pendens based on inadequate evidence and a rushed procedural schedule. The appellate court quashed the bond order as an abuse of di
• Kerr v. Kerr
  448 So. 2d 601· Fla. 3d DCA· 1984-04-17
  In this consolidated family law and property dispute case, the trial court dissolved the marriage between Jill and Frederick Kerr, awarded custody of their minor child to Jill, and set aside certain deeds that Frederick Kerr and Robert Lopez had conveyed to Lopez, finding that Ji
• Knowles v. Stallone
  423 So. 2d 547· Fla. 4th DCA· 1982-12-15
• Wiggins v. Dojcsan
  411 So. 2d 894· Fla. 2d DCA· 1982-02-12
  A notice of lis pendens may be filed without a prior court order, and quasi in rem jurisdiction does not require seizure or attachment of property at the institution of proceedings when the complaint describes the property, characterizes the action as quasi in rem, and gives clea
• Laurales v. Desha Cnty. Sch. Dist. # 4 OF Snowlake
  632 F.2d 72· 8th Cir.· 1980-10-20
  The Florida Supreme Court quashed a district court's decision, holding that a tavern owner can be liable for patron injuries caused by third parties if the owner knew or should have known of the likelihood of general disorderly conduct, not solely based on knowledge of a specific
• Carnie Invs., Inc. v. Alpert
  385 So. 2d 192· Fla. 4th DCA· 1980-07-11
  The court denied the appellants' motion for emergency relief and motion to shorten the time for the appellees' answer brief.