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

• Clinton St. Greater Bethlehem Church v. City OF Detroit
  484 F.2d 185· 6th Cir.· 1973-08-28 ·cited 18×
  The court held that the appellant was not a member of the class in the prior condemnation action and that a settlement agreement between the appellant and the City was valid and binding.
• Rubert Hermanos, Inc. v. People of Puerto RICO
  118 F.2d 752· 1st Cir.· 1941-03-31 ·cited 18×
  The court held that an order appointing a receiver to manage a dissolved corporation's assets, beyond preserving specific excess land subject to an option, was an improvident exercise of discretion and a final decision appealable to this court.
• Kehl v. Miami Title & Abstract Co.
  143 Fla. 9· Fla.· 1940-05-17 ·cited 18×
  The Florida Supreme Court reversed a trial court's dismissal of William J. Kehl's claim against Miami Title & Abstract Co., holding that the title company could not maintain an interpleader action because it had a contractual obligation to issue title insurance and was therefore
• Haines City Citrus Growers Ass'n v. Petteway
  107 Fla. 344· Fla.· 1932-12-05 ·cited 18×
  The Florida Supreme Court held that a valid fruit-crop mortgage executed on growing citrus fruit constitutes a lien superior to a prior real estate mortgage that does not expressly cover the crops. The court reversed the lower court's judgment requiring the receiver to return pro
• Andrey Tikhomirov v. The Bank OF NEW York Mellon
  223 So. 3d 1112· Fla. 3d DCA· 2017-07-05 ·cited 17×
  Andrey Tikhomirov purchased property at a foreclosure sale conducted by a homeowners' association while a superior mortgage lender's (BNYM) separate foreclosure action was pending with a recorded lis pendens. After BNYM obtained a final judgment of foreclosure, Tikhomirov moved t
• Deguzman v. Edda Serrano Balsini
  930 So. 2d 752· Fla. 5th DCA· 2006-05-05 ·cited 17×
  The court held that the order requiring the property owner to post a bond to reinstate a lis pendens was improper and contrary to law.
• Roger Homes Corp. v. Persant Constr. Co.
  637 So. 2d 5· Fla. 3d DCA· 1994-05-03 ·cited 17×
  The court held that a lis pendens cannot be based on an unsecured promissory note or an equitable lien claim that is not founded upon a duly recorded instrument.
• Wescott v. Wescott
  444 So. 2d 495· Fla. 2d DCA· 1984-01-13 ·cited 17×
  Mrs. Wescott appealed the dismissal of her independent action seeking to set aside a final judgment of dissolution of marriage based on her former husband's alleged perjury and concealment of assets. The court affirmed the dismissal, holding that intrinsic fraud such as perjury c
• THE Florida BAR v. Hoffer
  383 So. 2d 639· Fla.· 1980-05-01 ·cited 17×
  The Florida Bar disciplined attorney Ronald J. Hoffer for three separate instances of professional misconduct: filing a complaint naming an incorrect mortgage holder due to inadequate record searches, submitting a final judgment without notice to opposing counsel after being on a
• Martz v. Riskamm
  144 So. 2d 83· Fla. 1st DCA· 1962-07-10 ·cited 17×
  This case addresses the validity of a 1945 divorce decree procured through fraud and the dower rights of the first wife. The court set aside the divorce decree, recognized the first wife as the lawful widow, and awarded her dower in real property held by the fraudulently divorced
• Nicol v. Bressler
  159 Fla. 668· Fla.· 1947-11-18 ·cited 17×
  A real estate broker claimed fraud and conspiracy after a property transaction between buyer and seller was completed without his involvement in the closing, allegedly depriving him of a commission. The Florida Supreme Court held that the broker's remedy lies against the party wi
• ZOE M. Dudemaine v. Shaw
  153 Fla. 899· Fla.· 1944-01-04 ·cited 17×
  A mortgagee who assigned a mortgage just before filing suit to foreclose appealed the dismissal of her amended complaint, which attempted to void a tax deed issued to the property after lis pendens was recorded. The Florida Supreme Court affirmed the dismissal, holding that the p
• Savage v. Winfield
  152 Fla. 165· Fla.· 1943-01-04 ·cited 17×
• Barnes & Jessup Co. v. Williams
  64 Fla. 190· Fla.· 1912-06-01 ·cited 17×
  Barnes & Jessup Company sought to overturn a lower court decree dismissing its bill to recover property it had purchased at a mortgage foreclosure sale. The case involves competing claims to land based on a bond for title held by Haward and assignments of that bond, with the cent
• Mkt. Tampa Invs., LLC v. Goldia Marie Stobaugh
  177 So. 3d 31· Fla. 2d DCA· 2015-09-02 ·cited 16×
  Market Tampa Investments appealed a foreclosure judgment, challenging both the trial court's denial of its motion to intervene and the merits of the foreclosure. The court affirmed the denial of the intervention motion but dismissed the appeal on the merits, holding that Market T
• State-Wide Constr., Inc. v. Dowda
  424 So. 2d 198· Fla. 5th DCA· 1983-01-05 ·cited 16×
  The court held that the discharge of a lis pendens was improper because the surety bond, which was the basis for the discharge, was never offered or considered by the lower court.
• Irwin v. Honorable Paul M. Marko, III
  408 So. 2d 677· Fla. 4th DCA· 1981-12-30 ·cited 16×
  The trial court retained jurisdiction to determine and enforce attorneys' fees for the wife's counsel, even after the parties stipulated to dismiss their divorce action.
• Bank OF Hemet v. United States
  643 F.2d 661· 9th Cir.· 1981-04-24 ·cited 16×
  The court held that the Bank of Hemet's claim for quiet title was validly brought under 28 U.S.C. § 2409a, and that the redemption amount owed by the government should be calculated based on the fair market value of the property at the time of foreclosure sale, not the full amoun
• The Leader Mortg. Co. v. Rickards Elec. Serv., Inc.
  348 So. 2d 1202· Fla. 4th DCA· 1977-07-22 ·cited 16×
  Leader Mortgage Company appealed a judgment foreclosing a mechanic's lien filed by Rickards Electric Service. The court affirmed the money judgment against Leader and co-defendant Bruscino Construction Company but reversed the portion imposing a lien on real estate owned by third
• Henderson Dev. Co. Inc. v. Gerrits
  340 So. 2d 1205· Fla. 3d DCA· 1976-12-14 ·cited 16×
  The court held that the trial court did not err in granting specific performance because the defendant failed to meet its burden of proof regarding its affirmative defense of conveying the property to a bona fide purchaser.
• Lake Towers, Inc. v. Axelrod
  216 So. 2d 86· Fla. 4th DCA· 1968-11-27 ·cited 16×
  The court held that a party may plead at any time before a default judgment is entered, even if responsive pleadings were filed after the due date but before the default.
• Hamilton C. Forman and Charles R. Forman v. Fla. Land Holding Corp.
  102 So. 2d 596· Fla.· 1958-05-02 ·cited 16×
  The Florida Supreme Court reversed a dismissal of a quiet title suit, holding that non-parties to a prior judgment concerning the same property are not bound by factual determinations made in that prior litigation, even when applying doctrines of res judicata or estoppel by judgm
• DELTA Drilling Co. v. Arnett
  186 F.2d 481· 6th Cir.· 1950-12-27 ·cited 16×
  The court held that the initial judgment quieting title was final and dispositive of the main defendants' claims, and that subsequent purchasers were bound by the litigation's outcome due to lis pendens.
• Smith v. Elliott
  56 Fla. 849· Fla.· 1908-06-01 ·cited 16×
  Russell B. Smith sought to foreclose a mortgage and obtained a default judgment against non-resident defendants. Four years later, J. M. Elliott, Jr., who had purchased the mortgaged property two years after the foreclosure decree, petitioned to intervene and set aside the decree
• Penabad v. A.G. Gladstone Assocs., Inc.
  823 So. 2d 146· Fla. 3d DCA· 2002-06-12 ·cited 15×
• Real Est. Apts., Ltd. v. Bayshore Garden Apts., Ltd.
  530 So. 2d 977· Fla. 2d DCA· 1988-08-10 ·cited 15×
  REA appeals a trial court order granting Bayshore's motions for reimbursement of advances made during property receivership and for appellate attorneys' fees. The court affirms the reimbursement order but reverses the award of appellate attorneys' fees.
• Westburne Supply, Inc. v. Cmty. Villas P'rs, Ltd.
  508 So. 2d 431· Fla. 1st DCA· 1987-05-19 ·cited 15×
  Westburne Supply appealed the dismissal of its claim for an equitable lien against property purchased by Community Villas. The court reversed, holding that an action to foreclose an equitable lien is a quasi in rem action against the property itself, not an in personam action, an
• Frank Silvestri, Inc. v. Hilltop Developers, Inc.
  418 So. 2d 1201· Fla. 5th DCA· 1982-09-01 ·cited 15×
  Frank Silvestri, Inc. and Frank Silvestri appeal a judgment for damages in a real estate contract breach case. The appellate court reversed and remanded because the trial court erroneously imposed joint and several liability without proper pleading, failed to establish which defe
• Midway Shopping Mall, Inc. v. Airtech AIR Conditioning, Inc.
  253 So. 2d 900· Fla. 3d DCA· 1971-10-12 ·cited 15×
  The court held that an interlocutory appeal was proper, the counterclaim for fraudulent lien was properly dismissed for lack of particularity, and the landowner was not the prevailing party entitled to attorney's fees.
• Floria A. Jameson and Mabel Wile v. Jameson
  121 Fla. 140· Fla.· 1935-10-03 ·cited 15×
  The Florida Supreme Court reversed a divorce decree, finding insufficient evidence to support the grounds of desertion. The court also ordered the cancellation of notices of lis pendens upon dismissal of the bill of complaint.
• Ventures Tr. 2013-I-H-R v. Asset Acquisitions & Holdings Tr.
  202 So. 3d 939· Fla. 2d DCA· 2016-10-28 ·cited 14×
  Ventures Trust appeals an order of involuntary dismissal entered after a non-jury foreclosure trial. The court reversed, holding that an intervening party (Asset Trust) improperly raised a defense of lack of standing that had never been pleaded by any defendant, and that even if
• Blue Star Palms, LLC v. LED Tr., LLC
  128 So. 3d 36· Fla. 3d DCA· 2012-10-24 ·cited 14×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens because the plaintiffs failed to establish a fair nexus between their claims and the condominium units.
• Belcher Ctr. LLC v. Belcher Ctr., Inc.
  883 So. 2d 338· Fla. 2d DCA· 2004-09-10 ·cited 14×
  Belcher Center LLC sought to quiet title to property conveyed by deed to a corporation that had not yet been incorporated at the time of the conveyance. The circuit court dismissed the complaint based on estoppel by deed and equitable estoppel, but the appellate court reversed, h
• Lennar Fla. Holdings, Inc. v. First Fam. Bank
  660 So. 2d 1122· Fla. 5th DCA· 1995-09-01 ·cited 14×
  Lennar sought certiorari review to dissolve a notice of lis pendens filed by First Family Bank relating to a Lake County property. The court held that First Family failed to demonstrate a sufficient nexus between its breach of contract claims regarding a loan participation agreem
• Lakeview Townhomes AT THE Cal. Club, Inc. v. Lakeview OF THE Cal. Club Homeowners Ass'n, Inc.
  579 So. 2d 290· Fla. 3d DCA· 1991-05-07 ·cited 14×
  A notice of lis pendens is appropriate when an equitable lien is sought, but the defendant is entitled to a hearing to set a reasonable bond to protect against irreparable harm.
• Hamid A. Baghaffar v. Story
  515 So. 2d 1373· Fla. 5th DCA· 1987-12-03 ·cited 14×
  The Fifth District Court of Appeal granted a petition for writ of certiorari to review a trial court's order dissolving a lis pendens filed by petitioners seeking to enforce a settlement agreement. The court held that petitioners stated a valid cause of action affecting the prope
• Cook v. Peter Kiewit Sons Co.
  775 F.2d 1030· 9th Cir.· 1985-10-31 ·cited 14×
  The court held that a district court retains jurisdiction to enjoin repetitive litigation of issues previously adjudicated, even if the current suit is dismissed for lack of subject matter jurisdiction, and that attorney fees were properly awarded for frivolous filings.
• In re THE Brickyard v. The Walker-Pinkston Cos., Inc.
  735 F.2d 1154· 9th Cir.· 1984-06-22 ·cited 14×
  A notice of appeal filed before a judgment or order is entered, but after it is announced, is valid under Bankruptcy Rule 802, similar to Federal Rule of Appellate Procedure 4(a)(2).
• Ward v. Forde
  154 Fla. 383· Fla.· 1944-04-25 ·cited 14×
  Ward & Ward law firm sought a quantum meruit fee for legal services rendered in a zoning ordinance case for the Fordes after the original fee agreement became impractical due to intervention by third parties and the Fordes' inability to pay. The Florida Supreme Court reversed the
• Columbus J. Porter v. Teate
  17 Fla. 813· Fla.· 1880-06-01 ·cited 14×
  This case concerns whether a homestead exemption protects land from sale when the purchaser obtained it through a land exchange with covenants of title, and the seller later recovered a judgment for breach of those covenants. The Florida Supreme Court held that homestead protecti
• Senia Rodriguez v. Guerra
  254 So. 3d 521· Fla. 3d DCA· 2018-04-25 ·cited 13×
  The court held that the trial court did not abuse its discretion in denying the motion to discharge the lis pendens or set a bond.
• Sera Martell v. Dubner
  885 So. 2d 469· Fla. 4th DCA· 2004-10-27 ·cited 13×
  The court held that the trial court departed from the essential requirements of law by dissolving the lis pendens because there was a fair nexus between the property and the cause of action.
• Chiusolo v. Kennedy
  589 So. 2d 420· Fla. 5th DCA· 1991-11-14 ·cited 13×
  Louis Chiusolo seeks certiorari review of a trial court order discharging his lis pendens filed in an action seeking to impose resulting and constructive trusts on real property. The appellate court holds that the trial court abused its discretion by deciding the motion to discha
• SCG Travel, Inc. v. Westminster Fin. Corp.
  583 So. 2d 723· Fla. 4th DCA· 1991-07-03 ·cited 13×
  SCG Travel recovered default judgments against respondents in New Jersey and recorded them in Florida. The respondents filed a contest action under Florida law seeking to stay enforcement without posting a bond, arguing that filing a lis pendens notice satisfied statutory require
• Manfred Demenus and Theodore Van Arthos v. Tinton 35 Inc.
  873 F.2d 50· 3d Cir.· 1989-04-25 ·cited 13×
  The court held that it lacks appellate jurisdiction over an interlocutory order discharging a notice of lis pendens because the order is not effectively unreviewable on appeal from a final judgment and is not separate from the merits of the underlying action.
• Burton Engels v. Valdesuso
  497 So. 2d 698· Fla. 3d DCA· 1986-11-04 ·cited 13×
  Burton Engels, who purchased mortgaged property at a foreclosure sale, appeals the trial court's decision allowing Tony Valdesuso, Jr. Enterprises to exercise a right of redemption. The court affirmed, holding that Valdesuso, as the record title holder who acquired the property f
• City OF ST. Petersburg v. Wall
  475 So. 2d 662· Fla.· 1985-06-20 ·cited 13×
  The Florida Supreme Court resolved a conflict between two district court decisions regarding whether a municipality can be held liable for damages caused by an automatic stay of a trial court judgment in an unsuccessful eminent domain action. The Court held that while a city cann
• Tortu v. Tortu
  430 So. 2d 531· Fla. 4th DCA· 1983-04-27 ·cited 13×
  A former wife filed a notice of lis pendens on her former husband's Florida property to enforce a New Jersey money judgment. The court held that a lis pendens cannot be used to encumber property in a complaint seeking only to reduce a foreign judgment to a Florida judgment, as su
• Kirk v. Baumann
  336 So. 2d 125· Fla. 2d DCA· 1976-07-09 ·cited 13×
  A notice of lis pendens cannot be filed without a prior court order if the action is not founded on a duly recorded instrument or mechanic's lien.
• The Bank of N.Y. Mellon v. Glenville
  252 So. 3d 1120· Fla.· 2018-09-06 ·cited 12×
  The sixty-day period for filing claims to surplus funds from a judicial foreclosure sale begins upon the clerk's issuance of the certificate of disbursements, not upon the public auction or the issuance of the certificate of title. Section 45.032(3), Florida Statutes, which speci