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

• Pelfresne v. Vill. OF Williams BAY
  917 F.2d 1017· 7th Cir.· 1990-11-08 ·cited 30×
  A purchaser is not bound by a state court's raze order if it does not appear of record in the chain of title, but may be bound if they had actual or inquiry notice of the order.
• Munilla v. Evelio S. Espinosa and Henry Betancourt
  533 So. 2d 895· Fla. 3d DCA· 1988-11-08 ·cited 30×
  The court reviewed a trial court's order extending a lis pendens without requiring a bond. The court held that because the underlying action was not founded on a recorded instrument or mechanic's lien, Florida law required the trial court to either dissolve the lis pendens or req
• Glusman v. Warren
  413 So. 2d 857· Fla. 4th DCA· 1982-05-12 ·cited 30×
  The court held that while a bond could be required, the trial court erred by setting the bond amount without an evidentiary hearing.
• Conservation LAW Found. OF NEW England, Inc. v. Andrus
  623 F.2d 712· 1st Cir.· 1979-12-17 ·cited 30×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as the appellants failed to demonstrate a probability of success on the merits regarding their claims under the Endangered Species Act, NEPA, and BAST regulations.
• Balsley v. Union Cypress Co.
  92 Fla. 706· Fla.· 1926-09-22 ·cited 30×
  The Florida Supreme Court affirmed the lower court's decision overruling demurrers to a creditor's bill seeking to annul allegedly fraudulent conveyances of real property. The court held that when a judgment debtor has legal title to property that is fraudulently conveyed, a cred
• Berkley Multi-Units, Inc. v. Linder
  464 So. 2d 1356· Fla. 4th DCA· 1985-03-20 ·cited 29×
  A notice of lis pendens is not maintainable as a matter of right in an action seeking rescission of a deed based on fraud.
• United States v. Morrison
  247 F.2d 285· 5th Cir.· 1957-06-29 ·cited 29×
  An equitable vendor's lien, even if established under state law, is not sufficiently choate to prevail over a federal tax lien unless it meets federal standards for specificity and perfection.
• Elizabethport Cordage Co. v. Whitlock
  37 Fla. 190· Fla.· 1896-01-01 ·cited 28×
  Elizabethport Cordage Company sought to foreclose a mortgage executed by William S. Whitlock in 1877, claiming to have acquired rights through an assignment of an earlier 1875 mortgage to Waterbury and Marshall. The Florida Supreme Court held that the corporation cannot be subrog
• Vera de Sousa for Vag Land Tr. 1 v. JP Morgan Chase, N.A.
  170 So. 3d 928· Fla. 4th DCA· 2015-07-29 ·cited 27×
  Vera De Sousa, as trustee, sought to intervene in foreclosure proceedings after purchasing an inferior property interest at a foreclosure sale conducted by Los Mangos Property Owners' Association. The court affirmed the trial court's denial of her motion to intervene, holding tha
• In re Onouli-Kona Land Co. v. Est. OF Hubert F. Richards
  846 F.2d 1170· 9th Cir.· 1988-05-17 ·cited 27×
  The court held that an appeal from a bankruptcy court's order confirming a sale of assets is moot if the appellant failed to obtain a stay of the sale order pending appeal, unless the sale of real property was to a creditor who is a party to the appeal and the sale is subject to
• Mohican Valley, Inc. v. MacDONALD
  443 So. 2d 479· Fla. 5th DCA· 1984-01-12 ·cited 27×
  The court receded from prior precedent, holding that a lis pendens may be discharged or controlled by the court if the initial pleading does not show the action is founded on a duly recorded instrument, and that a bond may be required in such cases.
• Eppes v. Dade Developers, Inc.
  126 Fla. 353· Fla.· 1936-11-30 ·cited 27×
  The Florida Supreme Court reversed an injunction that prohibited Edward B. Eppes from enforcing judgment liens against property purchased by Dade Developers, Inc., at a receivership sale. The Court held that Eppes' prior judgment for rescission of a land contract created a valid
• Bymel v. Bank OF Am., N.A.
  159 So. 3d 345· Fla. 3d DCA· 2015-03-11 ·cited 26×
  The trial court abused its discretion by denying a motion to intervene in a foreclosure action filed by a purchaser who had engaged in a short sale approved by the bank.
• United States v. Edilio Diaz
  190 F.3d 1247· 11th Cir.· 1999-09-30 ·cited 26×
  The dissenting judge argues that the conviction should be reversed due to an impermissible amendment of the indictment, prosecutorial vouching for witnesses, and a violation of due process in the forfeiture proceedings. The judge believes these errors prejudiced the defendant's s
• Yamamoto v. Kazuo Omiya
  564 F.2d 1319· 9th Cir.· 1977-11-28 ·cited 26×
  The district court erred in striking equitable relief and the lis pendens notice before determining liability, as equitable remedies are available for Section 14(a) violations and premature balancing of equities is improper.
• Arman Saporito v. Madras
  576 So. 2d 1342· Fla. 5th DCA· 1991-03-28 ·cited 25×
  Saporito appeals an involuntary dismissal of his claim for damages resulting from a lis pendens filed against his motel property. The court reverses, holding that Saporito established a prima facie case of damages and that attorney's fees incurred in removing a lis pendens are re
• Andresix Corp. v. Peoples Downtown Nat'l Bank
  419 So. 2d 1107· Fla. 3d DCA· 1982-08-17 ·cited 25×
• Frances M. King and Others v. Erastus A. Barnard
  66 Fla. 252· Fla.· 1913-11-04 ·cited 25×
  This case concerns whether a lis pendens notice filed on a cross-bill, which was combined with an answer, is valid. The court held that despite the irregular pleading format, the cross-bill was not a nullity and the lis pendens was properly filed.
• Landmark AT Crescent Ridge LP v. Everest Fin., Inc.
  219 So. 3d 218· Fla. 1st DCA· 2017-05-16 ·cited 24×
  The court held that the petition for certiorari must be dismissed because the petitioner failed to demonstrate that the trial court's order denying the motion to dissolve the lis pendens caused irreparable harm that cannot be corrected on appeal.
• Bird Lakes Dev. Corp. v. Homero Meruelo
  626 So. 2d 234· Fla. 3d DCA· 1993-06-22 ·cited 24×
  Bird Lakes Development Corp. appealed from a jury verdict finding it liable for fraud, breach of oral agreement, and breach of warranty in the sale of undeveloped real estate. The court affirmed, holding that an oral promise to provide sewers to the property site is enforceable d
• Miceli v. Gilmac Developers, Inc.
  467 So. 2d 404· Fla. 2d DCA· 1985-03-29 ·cited 24×
  Phase I condominium owners appealed a trial court judgment regarding their rights in Phase II of a condominium project across the street. The trial court found the owners liable for slander of title for filing a lis pendens on the entire Phase II property, awarded betterment dama
• Bonafide Props. Only Under 14329 Vill. View Dr Land Tr. v. Wells Fargo Bank
  198 So. 3d 694· Fla. 2d DCA· 2016-01-13 ·cited 23×
  A purchaser of property acquired during a pending foreclosure action in which a lis pendens has been filed is not entitled to intervene in that foreclosure action.
• Centerstate Bank Cent. Fla., N.A. v. Krause
  87 So. 3d 25· Fla. 5th DCA· 2012-04-05 ·cited 23×
  The court held that the Krauses lacked standing to challenge the validity of the Development Loan because they had no established interest in the property or the corporation that executed the loan.
• India Am. Trading Co., Inc. v. White
  896 So. 2d 859· Fla. 3d DCA· 2005-02-23 ·cited 23×
  India America Trading Co. appealed the trial court's dissolution of a notice of lis pendens filed against real property. The court affirmed, holding that India America's claims based on an alleged oral contract for the sale of land could not support a lis pendens because they wer
• Gordon v. Barley
  383 So. 2d 322· Fla. 5th DCA· 1980-05-14 ·cited 23×
  Edwin F. Gordon appealed from an order dissolving a notice of lis pendens on real property of a limited partnership. The appellate court dismissed the appeal as untimely because Gordon's motion for rehearing of the interlocutory order did not toll the time for filing the notice o
• Trushin v. Brown
  132 So. 2d 357· Fla. 3d DCA· 1961-08-03 ·cited 23×
  In this mechanic's lien foreclosure case, the Florida District Court of Appeal held that strict compliance with statutory requirements is mandatory for mechanic's liens. The court reversed the trial court's denial of a motion to dismiss because the lienor failed to file a notice
• Rose v. Lurton Co.
  111 Fla. 424· Fla.· 1933-07-13 ·cited 23×
  The Florida Supreme Court reversed a foreclosure decree that improperly included after-acquired individual property of partner E. P. Rose in a mortgage executed by the partnership Davis & Rose. The court held that despite general language in the mortgage covering after-acquired p
• Ray v. Hocker
  65 Fla. 265· Fla.· 1913-03-05 ·cited 23×
  Walter Ray challenged a writ of assistance sought by William Hocker, the trustee for mortgage bondholders, to regain possession of land sold under a foreclosure decree. The Florida Supreme Court held that Ray, who claimed title through a post-foreclosure conveyance, had no enforc
• Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co.
  81 So. 3d 534· Fla. 3d DCA· 2012-02-08 ·cited 22×
  Portfolio Investments Corp. appeals from a final consent judgment in a mortgage foreclosure action where Deutsche Bank sought to foreclose on property owned by Mendez. Although Portfolio was not a named party and did not formally intervene, it purchased the condominium associatio
• United States v. Monsanto
  924 F.2d 1186· 2d Cir.· 1991-04-04 ·cited 22×
  The statute as written is constitutional and does not require a pretrial adversarial hearing to determine probable cause for restraining forfeitable assets.
• Fla. Peach Corp. OF Am. v. Lurie
  411 So. 2d 339· Fla. 5th DCA· 1982-03-24 ·cited 22×
  This case involves a dispute between a social club organized as a for-profit corporation and one of its member-shareholders concerning the shareholder's expulsion and his standing to continue a derivative suit.
• The First Nat'l Bank of Pensacola v. Hirschkowitz
  46 Fla. 588· Fla.· 1903-06-01 ·cited 22×
  The Florida Supreme Court held that a creditor who files an equitable bill against a married woman's separate statutory property and obtains a receiver acquires a prior lien over subsequently intervening creditors, despite the married woman's general inability to contract. The co
• Katarina Loidl v. I & E Grp., Inc.
  927 So. 2d 1016· Fla. 2d DCA· 2006-04-19 ·cited 21×
  Katarina Loidl filed 27 notices of lis pendens against properties owned by her husband's business, I & E Group, Inc., during her divorce proceeding. The trial court discharged the notices because I & E was not a party to the dissolution action. The appellate court affirmed, holdi
• Amendments to the Fla. Fam. Law Rules
  713 So. 2d 1· Fla.· 1998-02-26 ·cited 21×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Family Law Rules of Procedure and revised family law forms to simplify and improve the family law litigation process. The Court approved most proposed technical changes, adopted new rules regarding domestic
• In re Amendments to Rules of Civil Procedure
  458 So. 2d 245· Fla.· 1984-09-13 ·cited 21×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Rules of Civil Procedure, effective January 1, 1985, including new provisions for case management conferences, depositions by telephone, interrogatory limits, injunction procedures, and extraordinary remedi
• Chapman v. Pollard and Dorothy M. Pollard
  244 So. 2d 154· Fla. 2d DCA· 1971-02-10 ·cited 21×
  Plaintiffs filed suit seeking rescission of a real property deed based on alleged fraud by a broker-defendant and obtained a lis pendens. The trial court required plaintiffs to post a $199,500 indemnity bond as a condition for maintaining the lis pendens. The appellate court reve
• Pierson v. Reinhardt
  133 So. 553· Fla.· 1931-04-04 ·cited 21×
  This case clarifies that a contractor furnishing labor and materials to a married woman's separate property with her knowledge and consent does not need to file a "notice of lien" to enforce payment against her property. The court held that the constitutional provision creating t
• Knox v. Leonidas W. Spratt and William B. Barnett
  19 Fla. 817· Fla.· 1883-01-01 ·cited 21×
  The Florida Supreme Court reversed an injunction that prevented ejectment proceedings and compelled specific performance of a land sale contract. The Court held that a vendor cannot be compelled to perform specific performance when the legal title is held by a third party estate
• YHT & Assocs., Inc. v. Nationstar Mortg. LLC
  177 So. 3d 641· Fla. 2d DCA· 2015-09-30 ·cited 20×
  A non-party who failed to appeal an order denying their motion to intervene lacks standing to appeal the final judgment, even if their name was erroneously included in the judgment's caption.
• Barco Holdings, LLC v. Terminal Inv. Corp.
  967 So. 2d 281· Fla. 3d DCA· 2007-09-26 ·cited 20×
  Barco Holdings appeals four summary judgment orders arising from a complex dispute over Terminal Island property rights. The central issue was whether Bernuth Agencies could exercise a purchase option in its lease after failing to exercise a right of first refusal, and whether Be
• Chrysler Corp. v. Fedders Corp.
  670 F.2d 1316· 3d Cir.· 1982-01-25 ·cited 20×
  The filing of a lis pendens under the New Jersey statute does not constitute a "taking" of property without due process of law, as it does not deprive the owner of possession or use and merely provides notice of an existing claim.
• The United States v. White Bear Brewing Co., Inc.
  227 F.2d 359· 7th Cir.· 1955-11-18 ·cited 20×
  The court held that the mechanic's lien had priority over the federal tax lien because it was filed and foreclosure proceedings were commenced before the federal tax lien arose.
• United States v. Verness R. Kennedy
  201 F.3d 1324· 11th Cir.· 2000-01-28 ·cited 19×
  Byron Kennedy was convicted of mail fraud and unlawful monetary transactions involving over $800,000 stolen from his employer, Continental Graphics Corporation. He used $184,445.05 of the stolen proceeds to purchase a beach house held jointly with his wife, Verness Kennedy, as te
• Scozari v. Barone
  546 So. 2d 750· Fla. 3d DCA· 1989-07-11 ·cited 19×
  The trial court erred in granting summary judgment for the defendant on claims of malicious prosecution, conspiracy to maliciously prosecute, and abuse of process.
• Ira E. Billingham v. Ellsworth W. Thiele
  107 So. 2d 238· Fla. 2d DCA· 1958-07-30 ·cited 19×
  An attorney sought to impose an equitable lien on real property owned by his former clients to secure payment for legal services rendered in a group representation matter. The court affirmed the trial court's ruling that no lien existed, holding that absent an express or implied
• Beaty v. Inlet Beach, Inc.
  151 Fla. 495· Fla.· 1942-09-29 ·cited 19×
  A Florida Supreme Court case concerning title to property at Inlet Beach, with a complex procedural history involving tax deeds, mortgage foreclosure, and dissolution of a corporate property owner. The court upheld Inlet Beach, Inc.'s title based on a mortgage foreclosure, findin
• Nu-Vision, LLC v. Corporate Convenience, Inc.
  965 So. 2d 232· Fla. 5th DCA· 2007-09-07 ·cited 18×
  Nu-Vision sought certiorari review of an order dissolving a lis pendens filed on commercial real estate based on a purported option to purchase. The court held that Nu-Vision's December 16, 2004 letter could not support a claim for specific performance as a matter of law because
• Sparks v. The Charles Wayne Grp.
  568 So. 2d 512· Fla. 5th DCA· 1990-10-19 ·cited 18×
  The Sparks sought certiorari review of a trial court order discharging their lis pendens filed against property they contracted to purchase from the Charles Wayne Group. The court reversed, holding that non-defaulting purchasers under executory real estate contracts have an equit
• United States v. Certain Real Prop. Located AT 2525 Leroy Lane
  910 F.2d 343· 6th Cir.· 1990-08-08 ·cited 18×
  The dissenting judge would hold that the district court erred in awarding the innocent spouse full interest and placing the government in a judgment creditor position, arguing for a severance into tenancy in common.
• United States v. Marin
  651 F.2d 24· 1st Cir.· 1981-05-22 ·cited 18×
  The court held that the leases and sublease were void due to lack of corporate authorization and misrepresentations, and that the defendants were liable for damages as trespassers. Ancillary jurisdiction was proper.