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

• S & T Builders v. Globe Props., Inc.
  909 So. 2d 375· Fla. 4th DCA· 2005-08-03 ·cited 12×
  The appellate court reviewed a trial court's order setting a bond amount for a lis pendens without an evidentiary hearing. The court held that an evidentiary hearing is required before setting such a bond and clarified that attorney's fees can be considered damages for wrongful f
• Conseco Servs., LLC. v. Richard Cuneo & Ngaire Cuneo
  904 So. 2d 438· Fla. 3d DCA· 2005-03-09 ·cited 12×
  The court held that a lis pendens on homestead property was properly dissolved because the plaintiff failed to establish a fair nexus between the property and the lawsuit, and the conditions imposed on the property were reversed.
• Space Dev., Inc. v. Fla. ONE Constr., Inc.
  657 So. 2d 24· Fla. 4th DCA· 1995-06-07 ·cited 12×
• Pinsky v. Duncan
  898 F.2d 852· 2d Cir.· 1990-03-09 ·cited 12×
  Connecticut's statute authorizing prejudgment attachment of real estate without prior notice, opportunity for a hearing, or requiring a bond, violates the Due Process Clause of the Fourteenth Amendment.
• James v. Wolfe
  512 So. 2d 954· Fla. 2d DCA· 1987-06-03 ·cited 12×
• Fernandez-Aguirre v. Lilly Gall
  484 So. 2d 1286· Fla. 3d DCA· 1986-02-25 ·cited 12×
  In this supplementary proceedings case, the court reversed a default judgment against a mortgagee who foreclosed on property subject to a lis pendens filed by a judgment creditor. The court held that the judgment creditor had no recognizable claim to the real property because the
• Florida Communities Hutchinson Island v. Arabia
  452 So. 2d 1131· Fla. 4th DCA· 1984-07-18 ·cited 12×
  The trial court erred by denying the motion to dissolve the lis pendens without requiring the respondents to post an indemnity bond, as the action was not founded on a duly recorded instrument.
• Boca Raton Land Dev., Inc. v. Sparling
  397 So. 2d 1053· Fla. 4th DCA· 1981-05-13 ·cited 12×
  Boca Raton Land Development, Inc. appealed the discharge of a lis pendens filed in its action to quiet title to real property. The Fourth District Court of Appeal held that when an initial pleading shows an action is founded on a duly recorded instrument, a plaintiff is entitled
• Suess v. Stapp
  407 F.2d 662· 7th Cir.· 1969-02-27 ·cited 12×
  A notice of lis pendens is valid when filed with a suit seeking rescission of an oil lease contract and imposition of a constructive trust on proceeds, as oil leaseholds are considered real property under Illinois law.
• Marchand v. DE Soto Mortg. Co.
  149 So. 2d 357· Fla. 2d DCA· 1963-01-30 ·cited 12×
  The court held that a lis pendens notice, filed more than one year prior, should be discharged and the deposit refunded when the underlying claim was transferred to the deposit and no statutory exceptions applied.
• Whelan v. NEW Mexico W. OIL & GAS Co.
  226 F.2d 156· 10th Cir.· 1955-08-26 ·cited 12×
  The court held that a letter agreement for an interest in land was insufficient under the statute of frauds and that part performance did not remove it from the statute's purview.
• Ray v. Williams Phosphate Co.
  59 Fla. 598· Fla.· 1910-01-01 ·cited 12×
  Ray sought to cancel a foreclosure deed on property in the Fifth Judicial Circuit, arguing that a Sixth Circuit judge lacked jurisdiction because the foreclosure proceedings were based on a collusive mortgage and Ray's property was outside that circuit. The Florida Supreme Court
• Leuders v. Thomas
  35 Fla. 518· Fla.· 1895-01-01 ·cited 12×
  This case reviews a lower court's decision to void a guardian's private sale of a ward's real estate and order an accounting. The appellate court affirmed the decision, holding that a private sale was unauthorized by law and thus illegal, regardless of actual fraud.
• Bankers Lending Servs., Inc. v. Regents Park Invs., LLC
  225 So. 3d 884· Fla. 3d DCA· 2017-06-28 ·cited 11×
  Bankers Lending sought a writ of certiorari to quash an order denying its motion to require a bond as a condition for reinstatement of a lis pendens filed by Regents Park Investments. The Florida Third District Court of Appeal held that Bankers Lending was entitled to an evidenti
• Moss v. Arca Dev., Inc.
  687 So. 2d 70· Fla. 3d DCA· 1997-02-05 ·cited 11×
• City OF Dania v. Broward Cnty.
  658 So. 2d 163· Fla. 4th DCA· 1995-07-19 ·cited 11×
  The court held that a city's alleged loss of tax base and prior infrastructure expenditures do not constitute a direct legal effect on the eminent domain compensation judgment, thus not entitling the city to intervene. Similarly, alleged violations of development review statutes
• Texaco, Inc. v. Ponsoldt
  939 F.2d 794· 9th Cir.· 1991-07-25 ·cited 11×
  The court held that the district court erred in dismissing Texaco's declaratory relief claim as moot and that fraud and misrepresentation claims are not barred by the statute of frauds, but affirmed the denial of leave to amend and the dismissal of the breach of settlement agreem
• Knaefler v. Mack
  680 F.2d 671· 9th Cir.· 1982-07-02 ·cited 11×
  The court held that ejectment actions are in personam under Hawaii law, granting the district court subject matter jurisdiction, and that the district court did not abuse its discretion in refusing to stay proceedings or err in applying Hawaii law regarding unregistered leasehold
• Nat'l Bank OF Sarasota v. Dugger
  335 So. 2d 859· Fla. 2d DCA· 1976-08-02 ·cited 11×
  This case of first impression in Florida addresses whether an unperfected security interest in personalty, secured by a recorded purchase money mortgage, takes priority over a subsequently perfected security interest under the Uniform Commercial Code. The court holds that the UCC
• Cppb, LLC v. Taurus Apopka City Ctr. LLC
  346 So. 3d 577· Fla. 6th DCA· 2023-09-15 ·cited 10×
  The appellate court dismissed a petition for a writ of certiorari seeking to quash an order denying a motion to dissolve a lis pendens. The court held that the petitioner failed to demonstrate irreparable harm, which is a prerequisite for such extraordinary review.
• 3709 N. Flagler Drive Prodigy Land Tr. v. Bank OF Am., N.A.
  226 So. 3d 1040· Fla. 4th DCA· 2017-08-30 ·cited 10×
  A property owner who acquired title via quitclaim deed before foreclosure proceedings were filed has standing to contest the foreclosing bank's authority to bring the action. The trial court erred in preventing the owner from asserting lack of standing as an affirmative defense,
• Taylor v. Steckel
  944 So. 2d 494· Fla. 3d DCA· 2006-12-13 ·cited 10×
  Taylor, the seller of real property, appealed a trial court's denial of her motion to compel arbitration and the extension of a lis pendens filed by the buyer Steckel. The appellate court reversed the arbitration denial, finding that the broker consent requirement in the contract
• Betsy Ross Hotel, Inc. v. A.G. Gladstone Assocs., Inc.
  833 So. 2d 211· Fla. 3d DCA· 2002-12-18 ·cited 10×
  Betsy Ross Hotel, Inc. appeals the trial court's denial of its motion for a lis pendens bond hearing. The court reverses, holding that Gladstone's action is not founded on a duly recorded instrument because the joint venture agreement lacks proper acknowledgment or notarization r
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• C.W. Bailey & Bailey Cattle Co., Inc. v. Rolling Meadow Ranch, Inc.
  566 So. 2d 63· Fla. 5th DCA· 1990-08-30 ·cited 10×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens or require a bond, as the underlying action did not establish a basis for the lis pendens and the property was subject to irreparable harm.
• Schwadel v. Hy Uchitel
  455 So. 2d 401· Fla. 3d DCA· 1984-07-10 ·cited 10×
  Shareholders Mike and Peter Schwadel sought to enjoin corporate president Hy Uchitel from selling The Place for Steak, the last major asset of their restaurant holding company HJU, arguing that the sale violated statutory shareholder notice and voting rights. The appellate court
• Dominguez v. Lopez
  346 So. 2d 627· Fla. 3d DCA· 1977-05-31 ·cited 10×
  Angel Dominguez appealed the trial court's order discharging a lis pendens he filed in a partnership dissolution and accounting action. The Third District reversed because Dominguez was denied the opportunity to present evidence in opposition to the discharge motion, a procedural
• Marylin S. Baron v. Aiello
  319 So. 2d 198· Fla. 3d DCA· 1975-09-09 ·cited 10×
  This case concerns a dispute over title and possession of real property between a foreclosure sale purchaser and an intervening judgment creditor, where the trial court ultimately found the foreclosure sale purchaser to be the fee simple holder and entitled to possession.
• Worldwide Development-Kendale Lakes W. v. LOT Headquarters, Inc.
  305 So. 2d 271· Fla. 3d DCA· 1974-12-31 ·cited 10×
  A real estate broker sought to enforce an equitable lien for commission by filing a notice of lis pendens on property purchased by the defendant. The court reversed the trial court's denial of the defendant's motion to remove the lis pendens, holding that brokers cannot use lis p
• Jones v. Tower Prod. Co.
  138 F.2d 675· 10th Cir.· 1943-11-04 ·cited 10×
  The court held that the suit, which sought to adjudicate title to oil leases and funds and challenge a federal tax lien, was in substance a suit against the United States, requiring the United States to be joined as a party defendant.
• O'Bryan v. Dr. P. Phillips & Sons, Inc.
  123 Fla. 302· Fla.· 1936-03-23 ·cited 10×
  The Florida Supreme Court affirmed a judgment quieting title in favor of Dr. P. Phillips & Sons, Inc. against Laura B. O'Bryan and Lewis O'Bryan, who claimed title through a quit claim deed executed after a foreclosure suit and lis pendens notice. The court held that the O'Bryans
• 100 Lincoln RD SB, LLC v. Daxan 26 (FL), LLC
  180 So. 3d 134· Fla. 3d DCA· 2015-10-28 ·cited 9×
  100 Lincoln Road SB, LLC challenges a circuit court's refusal to dissolve or bond a lis pendens recorded by Daxan 26 (FL), LLC in connection with a dispute over commercial condominium units. The Third District Court of Appeal affirms, holding that the lawsuit is based on a duly r
• Verena Vonmitschke-Collande and Claudia Miller-Otto v. Kramer
  841 So. 2d 481· Fla. 3d DCA· 2002-12-18 ·cited 9×
  The appellants filed a lis pendens in a property dispute, but it was automatically dissolved when the underlying case was dismissed. The dismissal was appealed and reversed by the appellate court. The question presented is whether the lis pendens remained effective during the app
• In re Gardner v. United States
  913 F.2d 1515· 10th Cir.· 1990-09-18 ·cited 9×
  The dissenting judge argues that a federal bankruptcy court's jurisdiction over estate property is not divested by a subsequent state court decree, and federal law governs the priority of federal tax liens over state-created interests.
• Harrod v. Union Fin. Co.
  420 So. 2d 108· Fla. 3d DCA· 1982-08-17 ·cited 9×
  Florida appellate court reversed trial court's vacation of a foreclosure judgment and clerk's sale, holding that a party cannot intervene in a foreclosure action when their property interest, though acquired before the lis pendens, was not recorded until after the lis pendens was
• Dunn v. Stack
  394 So. 2d 1076· Fla. 1st DCA· 1981-03-05 ·cited 9×
  Dunn and Nix appealed dismissal of their quiet title action for lack of jurisdiction. The court held that non-parties to a prior quiet title suit are not bound by its judgment, and the lis pendens did not provide adequate notice to bind them, so the trial court had jurisdiction t
• Llera Realty, Inc. v. Bd. OF Real Est. (formerly Fla. Real Est. Commission)
  385 So. 2d 1131· Fla. 3d DCA· 1980-07-01 ·cited 9×
  The court held that the Florida Real Estate Commission's suspension of real estate brokers' licenses for filing a notice of lis pendens to collect a commission was not an unreasonable classification and did not violate their right of access to the courts.
• The Nelson Bullock Co. v. S. Down Dev. Co.
  132 Fla. 495· Fla.· 1938-04-28 ·cited 9×
  The Florida Supreme Court held that a purchaser pendente lite may intervene in a suit to quiet title under the 1931 Chancery Act, reversing the prior rule established in earlier cases that prohibited such intervention. The court affirmed the lower court's order permitting South D
• E. C. Fitz & Co., Inc. v. Eldridge
  129 Fla. 647· Fla.· 1937-10-23 ·cited 9×
  This case concerns a dispute over a citrus crop, where a crop mortgage was executed after a real estate mortgage had gone into default and foreclosure proceedings had begun. The court held that the crop mortgage was ineffective against the prior real estate mortgage, especially s
• Phipps v. Watson
  108 Fla. 547· Fla.· 1933-03-03 ·cited 9×
  This case addresses whether the mortgagee (Mrs. Watson's estate) or the mortgagor (Phipps) should bear the loss of $50,000 that Phipps deposited in the court registry to secure his interest in disputed property. The court held that once a certified check is deposited in court pur
• Katz Deli OF Aventura, Inc. v. Waterways Plaza, LLC
  183 So. 3d 374· Fla. 3d DCA· 2013-11-27 ·cited 8×
  Katz Deli sued its landlord Waterways Plaza for breach of contract and constructive eviction after the landlord failed to repair a defective roof, causing water damage that forced the deli to close. The court affirmed an award of prospective lost profits through the initial lease
• Levin v. Ira Lang
  994 So. 2d 445· Fla. 3d DCA· 2008-10-29 ·cited 8×
  The court held that sellers cannot recover damages against a lis pendens bond when the property's value appreciated during the lis pendens period, exceeding any provable losses.
• Suarez v. KMD Constr., Inc.
  965 So. 2d 184· Fla. 5th DCA· 2007-08-24 ·cited 8×
  The Florida Fifth District Court of Appeal granted a petition for writ of certiorari challenging a trial court's denial of a motion to dissolve a notice of lis pendens filed by KMD Construction. The court held that KMD's claims were not founded on a duly recorded instrument as re
• Laroche v. Francois Nehama
  948 So. 2d 850· Fla. 3d DCA· 2007-01-31 ·cited 8×
  Laroche appealed an order denying his motion to dissolve a lis pendens filed by Nehama on property subject to a lease/option to purchase agreement. The court affirmed the trial court's decision, holding that Nehama's counterclaim for specific performance of the option established
• Taylor v. Cesery
  717 So. 2d 1112· Fla. 1st DCA· 1998-09-28 ·cited 8×
  Martha Cesery Taylor appeals from a trial court order denying her motion for temporary injunctive relief to prevent the sale of a $2.5 million oceanfront estate property and discharging her lis pendens. The court affirmed the denial of the injunction but reversed the discharge of
• Wolf v. Marin Spariosu and Suyapa Baraha Spariosu
  706 So. 2d 881· Fla. 3d DCA· 1998-01-14 ·cited 8×
  The Wolf Group, as assignee of City First Mortgage Corp., sought priority over a materialman's lien filed by Maysonet Landscape Co. The court held that the Wolf Group's mortgage was entitled to priority under the doctrine of conventional subrogation because City First had an expr
• Graves v. Ciega Verde Condo. Ass'n, Inc.
  703 So. 2d 1109· Fla. 2d DCA· 1997-11-07 ·cited 8×
  Tribal courts lack jurisdiction over civil actions against non-members arising from accidents on state highways running through reservations, unless authorized by federal statute or treaty.
• Buchanan v. Sullivan
  620 So. 2d 1301· Fla. 4th DCA· 1993-06-23 ·cited 8×
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• Cassas v. Lazan
  488 So. 2d 671· Fla. 4th DCA· 1986-05-21 ·cited 8×
  Appellant Cassas appealed a summary judgment granted against him in a specific performance action for real property. The court reversed because the trial court improperly relied on deemed admissions based on technical failure to timely respond to a request for admissions, where t
• First S. Dev. Corp. v. Chandler & Assocs., Inc.
  472 So. 2d 878· Fla. 1st DCA· 1985-07-18 ·cited 8×
  The First District Court of Appeal denied certiorari review of a circuit court order denying a motion to dissolve a notice of lis pendens, finding the trial court properly considered the irreparable harm issue and did not depart from essential legal requirements.