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

• Pinewood Realty Ltd. P'ship v. The United States
  617 F.2d 211· Ct. Cl.· 1980-03-19
  The court held that while the defendant was not liable for damages caused by delays due to a third-party lawsuit, the plaintiff was entitled to the benefits of ownership, including rents less maintenance costs, from the original closing date.
• Willard v. Willingham
  374 So. 2d 556· Fla. 4th DCA· 1979-08-01
• Sunrise Point, Inc. v. Foss
  373 So. 2d 438· Fla. 3d DCA· 1979-07-31
  Florida appellate court reviewed a lower court's denial of a motion to discharge a lis pendens filed against a condominium project. The court held that a lis pendens may not be filed against property when the complaint seeks only money damages or creditor relief without asserting
• Hallmark Mfg. Inc. v. Lujack Constr. Co., Inc.
  372 So. 2d 520· Fla. 4th DCA· 1979-06-27
  Hallmark Manufacturing sought an equitable lien on real property and filed a notice of lis pendens based solely on Lujack's alleged breach of contract for unpaid labor and materials. The Florida Fourth District Court of Appeal reversed the trial court's denials of Lujack's motion
• CAM Corp. OF Broward formerly known as Cam Corp. of Fla. v. Goldberger
  368 So. 2d 56· Fla. 4th DCA· 1979-02-07
  Petitioner sought specific performance of a real estate sale contract and filed a notice of lis pendens. The trial court ordered petitioner to post a bond as a condition of maintaining the lis pendens. Petitioner challenges this order by certiorari, arguing the court erred in req
• Craft v. The French Quarter of the Palm Beaches, Inc.
  49 Fla. Supp. 8· Palm Beach Cty. Cir. Ct.· 1979-01-16
  Plaintiff Craft sought specific performance of an alleged option contract for a townhouse unit and damages against developers. The trial court denied specific performance, finding the option contract lacked essential terms and there was no meeting of the minds between the parties
• The Cleveland Tr. Co. v. Ousley SOD Co.
  351 So. 2d 58· Fla. 4th DCA· 1977-10-04
  The recording of a notice of lis pendens bars the enforcement of an unrecorded mechanic's lien, even if the lien would otherwise relate back to an earlier notice of commencement.
• Dinkines v. Dinkines
  336 So. 2d 456· Fla. 3d DCA· 1976-07-27
  Appellants, who were defendants in a quiet title action, appeal from a summary judgment that confirmed Rose May Dinkines as the fee simple owner of real property in Dade County, Florida, as the surviving spouse and sole heir of Wesley Dinkines. The court affirmed the judgment, fi
• Blair v. Commissioner OF Internal Revenue
  538 F.2d 155· 7th Cir.· 1976-07-12
  A tax deed is invalid and a tax sale right is extinguished when condemnation proceedings are completed after the tax sale but before the tax deed is issued, with the tax lien being substituted by an equitable lien on the condemnation award.
• Application of Jesus Flores Francisco and Rita F. Francisco v. Look
  537 F.2d 379· 9th Cir.· 1976-06-10
  The court held that failure to provide personal service to an adjoining landowner, who had a recorded claim and was known to the petitioners' attorney and surveyor, deprived the trial court of jurisdiction to issue a land registration decree.
• Builders Equity Corp. v. Hurwitz
  530 F.2d 1072· D.C. Cir.· 1976-02-17
  The court held that the trial court erred in denying prejudgment interest on unliquidated tort damages, as Virginia law permits such interest and the damages were ascertainable by computation.
• Fed. Deposit Ins. Corp. v. Jerrold S. Engle
  524 F.2d 1339· 9th Cir.· 1975-10-24
  The court held that appellants were entitled to intervene as a matter of right because the FDIC's assertion of lis pendens, coupled with the potential for a binding judgment, would practically impair their ability to protect their claimed interest in the property.
• Boswell v. Dickinson
  315 So. 2d 515· Fla. 1st DCA· 1975-06-30
  Appellants were held in contempt for failing to post a supersedeas bond during an appeal, but the contempt order was quashed because appellants purged the contempt by voluntarily dismissing the notice of lis pendens that had been the subject of the underlying dispute.
• Frederick (Junior) Bowles and Mary Lee Bowles v. In re the Est. of Belle Watson
  310 So. 2d 18· Fla. 1st DCA· 1975-03-26
  The appellants, Frederick and Mary Lee Bowles, sought reversal of an order dissolving a lis pendens notice, striking their claim against an estate, and denying their motion for extension of time to file suit. The court reversed, finding that the appellants did not receive proper
• Martin v. Burning Foot Ltd.
  40 Fla. Supp. 8· Fla. Cir. Ct.· 1973-10-12
  The court addresses whether a real estate broker can file a lis pendens based on a vendor's lien when the brokerage agreement does not explicitly state that the commission is to be paid from the sale proceeds. The court holds that a vendor's lien requires the commission to be par
• W. E. Martin Constr. Co., Inc. v. Linn
  245 So. 2d 272· Fla. 4th DCA· 1971-02-12
  Martin Construction Company was held liable for $6,419.33 to plaintiffs in a contract dispute. The court affirmed the judgment against the construction company but vacated the portion that imposed a lien on real property not in the defendant's name, finding that portion unsupport
• In re Appointment of a Conservator for Burke Justice, Jr.
  418 F.2d 1162· D.C. Cir.· 1969-09-15
  The court affirmed the District Court's refusal to order the conservator to pay the Bank's judgment from conservatorship assets.
• Brown v. Semple
  204 So. 2d 229· Fla. 3d DCA· 1967-11-21
  In a quiet title action over property on Plantation Key, Florida, the court affirmed summary judgment quieting title in the appellees despite the appellants' claims based on a probate order and conveyance from 1915. The court held that the parties' claimed properties were located
• Doyle v. Tutan
  110 So. 2d 42· Fla. 3d DCA· 1959-03-24
  Lena Doyle purchased real property from Grier Enterprises during the pendency of a suit by executor Charles Tutan against Grier, without knowledge of the litigation or the lis pendens filed therein. After Tutan obtained a decree ordering Grier to reconvey the property to the esta
• Panton v. LEE
  261 F.2d 183· 10th Cir.· 1958-11-10
  The court held that the divorce decree's indefinite property division did not create a lien or transfer title to the wife, thus her claim was subordinate to the bankruptcy trustee's rights.
• Marcus v. Boynton
  13 Fla. Supp. 47· Palm Beach Cty. Cir. Ct.· 1958-02-25
  Robert Marcus, as administrator of his deceased father's estate, sought to recover real property in Palm Beach County, claiming that his father Daniel Marcus had paid for the property but placed it in the name of Marian R. Boynton as a resulting trust. The court found that the fu
• Yearwood v. Cir. Court of Thirteenth Jud. Cir. in & for Hillsborough Cnty.
  63 So. 2d 767· Fla.· 1953-03-17
  A Florida Supreme Court decision in a prohibition proceeding where the petitioner sought to overturn a circuit court order regarding real property division in a divorce case. The court rejected the prohibition remedy, holding that the petitioner had an adequate remedy by appeal a
• Sellars v. Grant
  196 F.2d 677· 5th Cir.· 1952-05-08
  The court held that a unilateral mistake induced by misrepresentation, even if innocent, can justify rescission of a contract. It also held that filing a lis pendens notice in good faith, pending adjudication of a disputed claim, does not constitute slander of title.
• Perkins v. S. Coal Corp.
  190 F.2d 692· 4th Cir.· 1951-07-30
  A prior ejectment judgment is conclusive against a party claiming through title acquired after the commencement of that action, even without a notice of lis pendens, and adverse possession of the surface does not grant title to severed minerals.
• Marsh v. Dunwody
  154 Fla. 738· Fla.· 1944-07-25
  The Florida Supreme Court affirmed a lower court decree that rejected a tax deed holder's attempt to avoid drainage tax liens by obtaining tax deeds after a foreclosure suit was filed. The court held that when a tax lien holder brings equal-dignity tax lien holders into a foreclo
• E. Harris Drew ad litem of the Estate of A. A. Thompson v. Gais Realty Corp.
  142 Fla. 141· Fla.· 1940-02-27
  The Florida Supreme Court affirmed a lower court's decision regarding the distribution of assets of Gais Realty Corporation. The court found sufficient evidence to support the trial court's findings concerning a disputed lot.
• Evans v. Harvey
  94 Fla. 291· Fla.· 1927-07-15
  The court affirmed the dismissal of a bill of complaint and vacated a lis pendens, finding that the bill lacked equity and was filed solely to create a cloud on the title. The decision emphasizes that legal proceedings must present a justiciable question through proper allegation
• Int'l Realty Assocs. v. McAdoo
  87 Fla. 10· Fla.· 1924-01-10
  The Florida Supreme Court affirmed a lower court's decision to dismiss a notice of lis pendens, finding the issue moot because a related prior appeal, which sought cancellation, equitable lien, and accounting, had already been affirmed. Therefore, the dismissal of the lis pendens
• Summers v. The First Nat'l Bank of Gainesville
  51 Fla. 564· Fla.· 1906-01-01
  Appellants sought to enjoin the sale of machinery they claimed was a fixture to their real property, which had been levied upon and sold by the sheriff in an attachment action against a former owner. The Florida Supreme Court affirmed the dismissal of their bill, holding that equ
• Hayden v. Thrasher
  28 Fla. 162· Fla.· 1891-06-01
  Hayden sought to subject property purchased by the Thrasher brothers to satisfy his demand arising from fraudulently procured endorsements of promissory notes. The Florida Supreme Court held that while Hayden established fraud in procuring his endorsement, he could only recover a