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

• Powerline Dev. Corp. v. Assor
  458 So. 2d 305· Fla. 3d DCA· 1984-09-04 ·cited 8×
• Palmer v. Shelby Plaza Motel, Inc.
  443 So. 2d 285· Fla. 2d DCA· 1983-12-21 ·cited 8×
  The Palmers appealed a trial court judgment that denied their mortgage foreclosure action and awarded the defendants $69,000 in damages for slander of title based on the Palmers' filing of a lis pendens. The appellate court reversed the slander of title damages and attorney's fee
• In re Buchman v. Blake
  600 F.2d 160· 8th Cir.· 1979-06-12 ·cited 8×
  The bankruptcy court has general subject matter jurisdiction to sell a bankrupt's property, and a sale of the trustee's equity in a partnership interest, subject to valid liens, is valid if the trustee has title.
• Perrin v. SAM Kaye, Inc.
  345 So. 2d 765· Fla. 4th DCA· 1977-04-07 ·cited 8×
  Summary judgment was improper where the sellers denied the broker's allegation that it performed its obligations under the exclusive listing agreement, presenting a factual question of failure of consideration that must be resolved by the trier of fact.
• Giammaresi v. Greer Parker
  326 So. 2d 243· Fla. 4th DCA· 1976-02-06 ·cited 8×
  This case involves an interlocutory appeal concerning the timing of discovery in a lawsuit alleging breach of a joint venture agreement for real estate development. The appellate court reversed the denial of a protective order, holding that discovery of financial records related
• Cavalier v. Ignas
  275 So. 2d 293· Fla. 3d DCA· 1973-03-20 ·cited 8×
  Ignas sued his general partner Cavalier to dissolve their limited partnership for an apartment building, claiming Cavalier failed to contribute his share and improperly encumbered the property without consent. The trial court declared the partnership null and void, awarded Ignas
• Eugenia A. Gyorok v. Davis
  183 So. 2d 701· Fla. 3d DCA· 1966-03-08 ·cited 8×
  The appellate court reviewed an interlocutory appeal from an order dismissing a cause against a respondent and vacating a lis pendens, where the plaintiff alleged a fraudulent conveyance of property by her ex-husband to his sister to hinder child support collection.
• Hattie N. Stokely v. Connor
  80 Fla. 89· Fla.· 1920-06-26 ·cited 8×
  In this second appeal of a partition suit over the Miranda Grant in Florida, the Supreme Court addressed whether a new defendant (Shepard) who was brought into the case after a prior decree against his grantor could raise the same defenses already decided against the grantor. The
• Petkovich v. Sandy Point Condo. Apts. Ass'n, Inc.
  325 So. 3d 201· Fla. 3d DCA· 2021-06-30 ·cited 7×
  A lawsuit seeking to invalidate the chain of title by alleging defects in the execution of recorded documents is not founded upon a duly recorded instrument under section 48.23, Florida Statutes, and thus the plaintiff is not entitled to maintain a lis pendens as a matter of righ
• MTGLQ Invs. v. Moore
  293 So. 3d 610· Fla. 1st DCA· 2020-04-09 ·cited 7×
  The appellate court reversed a trial court's denial of foreclosure, finding that the trial court abused its discretion and erred as a matter of law by applying the "unclean hands" doctrine. The court held that the prior lender's alleged actions did not legally bar foreclosure and
• Fallon Rahima Jallali v. Knightsbridge Vill. Homeowners Ass'n, Inc.
  211 So. 3d 216· Fla. 4th DCA· 2017-01-04 ·cited 7×
  A homeowners' association foreclosed on its lien for unpaid assessments against a homeowner while a first mortgagee's foreclosure was pending. The court held that the association's lien, created under its Declaration of Covenants recorded before the mortgagee's notice of lis pend
• Regents Park Invs., LLC v. Bankers Lending Servs., Inc.
  197 So. 3d 617· Fla. 3d DCA· 2016-07-20 ·cited 7×·via Discharge Of Lis Pendens
  Regents Park Investments appealed the trial court's discharge of a lis pendens it recorded on real property in connection with its suit for specific performance against Bankers Lending Services. The court reversed, holding that the proper standard for maintaining a lis pendens re
• Salazar v. HSBC Bank
  158 So. 3d 699· Fla. 3d DCA· 2015-02-11 ·cited 7×
  In this foreclosure appeal, the court reversed a post-judgment order entered 3.5 years after final judgment that declared the homeowner the prevailing party and purported to dismiss the action. The trial court lacked jurisdiction to modify or dismiss the final foreclosure judgmen
• Santiago v. Sunset Cove Invs., Inc.
  988 So. 2d 10· Fla. 2d DCA· 2008-02-01 ·cited 7×
  Santiago appeals an order enforcing a final judgment requiring him to convey real property to Sunset Cove Investments, Inc. However, Santiago had already conveyed the property to a third party, Chris P. Tsokos, who was not a party to the lawsuit and thus not bound by the judgment
• Deidra Ann Bergmann v. Slater
  922 So. 2d 1110· Fla. 4th DCA· 2006-03-22 ·cited 7×
  The court held that a trial court erred in discharging a lis pendens without an evidentiary hearing when the complaint alleged sufficient facts to establish a fair nexus between the property and the lawsuit.
• United States v. Bowman
  341 F.3d 1228· 11th Cir.· 2003-08-13 ·cited 7×
  The Eleventh Circuit Court of Appeals dismissed the Bowmans' interlocutory appeal for lack of jurisdiction. The court held that an order upholding an ex parte seizure of real property, even if the exigent circumstances for the initial seizure are not proven, is effectively review
• Alamagan Corp. v. The Daniels Grp., Inc.
  809 So. 2d 22· Fla. 3d DCA· 2002-01-30 ·cited 7×
  Alamagan Corporation and LaSalle Ventures One, Ltd. appealed orders extending a lis pendens filed by real estate broker Rona Daniels and denying their motion to dissolve it. The court affirmed, holding that Daniels properly filed the lis pendens based on a final judgment awarding
• United States v. ALL Assets OF Statewide Auto Parts, Inc.
  971 F.2d 896· 2d Cir.· 1992-08-03 ·cited 7×
  The court held that the seizure warrant was validly issued ex parte, and the seizure did not violate defendants' due process rights, as extraordinary circumstances justified the pre-hearing seizure.
• Montgomery Ward Dev. Corp. v. Juster
  932 F.2d 1378· 11th Cir.· 1991-06-07 ·cited 7×
  The court held that the claim for reformation of contract was a compulsory counterclaim barred by prior state court litigation, but remanded for a determination of whether appellant Weigel was barred by the doctrine of lis pendens.
• de Rodriguez v. Banco Indus. de Venezuela
  576 So. 2d 870· Fla. 3d DCA· 1991-03-19 ·cited 7×
  The court held that an injunction under the RICO Act cannot be issued against an innocent party, but a lis pendens and prejudgment attachment were properly granted.
• Am. Town Ctr. v. Hall 83 Assocs.
  912 F.2d 104· 6th Cir.· 1990-08-17 ·cited 7×
  The court held that an unsigned letter of intent for real property sale is void under the statute of frauds, but reversed the dismissal of a fraud claim for insufficient pleading. It also affirmed the denial of an injunction against state court proceedings.
• Farwest Steel Corp. v. Barge Sea-Span 241
  828 F.2d 522· 9th Cir.· 1987-09-18 ·cited 7×
  A supplier of necessaries to a vessel, who is a subcontractor to a general repair contractor, does not have a maritime lien under 46 U.S.C. § 971 unless the general contractor was specifically authorized by the vessel owner to procure those necessaries.
• Wis. Real Est. Inv. Tr. v. Rouse
  466 So. 2d 289· Fla. 5th DCA· 1985-02-21 ·cited 7×
  The trial court erred in issuing a preliminary injunction because the party seeking it failed to demonstrate irreparable injury and the circuit court exceeded its jurisdiction by enjoining an eviction action.
• Wright v. Geo. J. Merdes and Leah B. Merdes
  98 Fla. 859· Fla.· 1929-11-05 ·cited 7×
  In this mortgage foreclosure case, the court addresses the priority of payment when a mortgage secures multiple promissory notes with different maturity dates. The court holds that notes are paid according to their maturity order unless equitable considerations dictate otherwise,
• Bigelow v. Robt. L. Stringfellow
  25 Fla. 366· Fla.· 1889-01-01 ·cited 7×
  In this mortgage priority dispute, the Florida Supreme Court reversed a foreclosure decree against A. G. Bigelow because he had lost all interest in the mortgaged lands when they were sold at judicial sale to a bona fide purchaser (J. D. Taylor) before Bigelow became a party to t
• Inlet Colony, LLC v. Wight Martindale, III
  340 So. 3d 492· Fla. 4th DCA· 2022-06-01 ·cited 6×
  The appellate court affirmed a summary judgment for buyers who sought to recover their deposit on a real estate contract. The court held that buyers could terminate the contract because the closing did not occur by the "drop dead" date and because a notice of lis pendens remained
• Carlisle v. U.S. Bank
  225 So. 3d 893· Fla. 3d DCA· 2017-07-19 ·cited 6×
  A purchaser of property after a lis pendens has been filed, who did not timely appeal an order denying their motion to intervene, lacks standing to seek relief from a final judgment under Rule 1.540(b).
• J.B.J. Inv. OF S. Fla., Inc. v. Maslanka
  163 So. 3d 726· Fla. 5th DCA· 2015-05-01 ·cited 6×
  This case involves a dispute over whether a trial court properly denied a motion to extend a lis pendens on commercial property that the plaintiff claims should have been secured by a mortgage. The appellate court quashed the trial court's denial and remanded, finding that the pl
• Phoenix Walls, Inc. v. Liberty Pasadena, LLC
  980 So. 2d 1286· Fla. 2d DCA· 2008-05-16 ·cited 6×
  The circuit court departed from the essential requirements of law by resolving disputed factual issues regarding the validity of a construction lien at a non-evidentiary hearing, thereby depriving the lienor of its secured status.
• Williams v. Cadlerock Joint Venture, L.P.
  980 So. 2d 1241· Fla. 4th DCA· 2008-05-07 ·cited 6×
  The court held that a foreign judgment cannot be domesticated against an individual if that individual was not properly served in the original action, even if they share the same name as the served party.
• Fla. W. Realty P'rs, LLC v. MDG Lake Trafford, LLC
  975 So. 2d 479· Fla. 2d DCA· 2007-07-11 ·cited 6×
  Florida West Realty Partners sought certiorari review of a trial court's denial of its motion to extend a notice of lis pendens on real property. The appellate court held that while a fair nexus between the property and the lawsuit is necessary to maintain a lis pendens, it does
• Fabel v. Masterson
  951 So. 2d 934· Fla. 4th DCA· 2007-02-28 ·cited 6×
  The appellate court reversed a summary judgment for the buyers, holding that the seller was excused from the contract's deposit requirements due to a lis pendens filed against the property.
• MR. Sign Sign Studios, Inc. v. Miguel
  877 So. 2d 47· Fla. 4th DCA· 2004-06-09 ·cited 6×
  The court held that a fixed-price option to purchase contained within a lease agreement, which is dependent on the lease and does not survive its termination, is not an unreasonable restraint on alienation.
• Sherrie Marbin v. Cohen
  789 So. 2d 1193· Fla. 4th DCA· 2001-07-18 ·cited 6×
  In a divorce proceeding where the husband died pending dissolution, the wife filed a lis pendens against property owned by a corporation in which the husband held a shareholder interest. The estate's representative challenged the lis pendens, and the court held that because the a
• United States v. 408 Peyton Rd.
  112 F.3d 1106· 11th Cir.· 1997-05-15 ·cited 6×
  The Eleventh Circuit held that the Fifth Amendment Due Process Clause requires the Government to provide predeprivation notice and a hearing before executing an arrest warrant to seize real property in a civil forfeiture action, even when the Government does not assert physical c
• McINTOSH v. L.H. Hough
  601 So. 2d 1170· Fla.· 1992-05-28 ·cited 6×
  The Florida Supreme Court held that innocent purchasers of property who acquired title in reliance on a fraudulent conveyance may assert an unclean hands defense against the fraudulent grantor seeking to quiet title, even though they were not the original targets of the fraud. Th
• Resolution Tr. Corp. for Chisholm Fed. Sav. & Loan Ass'n v. Kemp
  951 F.2d 657· 5th Cir.· 1992-01-28 ·cited 6×
  The court held that recordation of a partial release provision in a subordination agreement does not entitle third-party purchasers to enforce the provision, and that purchasers with constructive notice of superior liens cannot claim the status of good faith improvers.
• Goodwin v. United States
  935 F.2d 1061· 9th Cir.· 1991-06-11 ·cited 6×
  The court held that the seizure and sale of property for delinquent taxes was invalid due to the government's failure to strictly comply with the notice requirements of 26 U.S.C. § 6335, but affirmed the district court's ruling on the statute of limitations.
• Stinnett v. Dodson
  575 So. 2d 1350· Fla. 2d DCA· 1991-03-08 ·cited 6×
  Stinnett sought a writ of certiorari to reinstate a lis pendens on property owned by GHD based on a recorded easement for ingress and egress. The court held that an action to enjoin interference with a duly recorded easement is founded on a duly recorded instrument under Florida
• L.H. Hough v. Stewart
  543 So. 2d 1279· Fla. 5th DCA· 1989-05-11 ·cited 6×
  A notice of lis pendens, even if it expires before final judgment, remains effective against a purchaser who acquired an interest while the notice was in effect and validated by appeal.
• Porter Homes, Inc. v. Soda
  540 So. 2d 195· Fla. 2d DCA· 1989-03-17 ·cited 6×
  Porter Homes seeks to quash a lis pendens filed against its property by judgment creditors of Randall E. Porter, claiming no connection exists between the corporation and Porter. The court grants the petition in part, requiring respondents to post a bond as a condition of maintai
• MacHado v. Foreign Trade, Inc.
  537 So. 2d 607· Fla. 3d DCA· 1988-11-22 ·cited 6×
  The court reversed the trial court's denial of a motion to discharge a lis pendens filed in an impleader action for fraudulent transfer, holding that a lis pendens cannot attach to unspecified properties and that even if properties were specified, a bond would be required.
• BAY Place Dev. Corp. v. Ellis First Nat'l Bank OF W. Pasco, N.A.
  465 So. 2d 628· Fla. 2d DCA· 1985-03-20 ·cited 6×
  The court held that an order denying a motion to dismiss an equitable lien claim is not a proper interlocutory appeal, but the portion of the order continuing a notice of lis pendens is reviewable by certiorari.
• Perry v. Boyd James O'Donnell
  749 F.2d 1346· 9th Cir.· 1984-12-21 ·cited 6×
  A purchaser under an installment land sale contract can be a bona fide purchaser for value, even if they have not yet obtained full legal title, under California law.
• Contrail Leasing P'rs, Ltd. v. Consol. Airways, Inc.
  742 F.2d 1095· 7th Cir.· 1984-08-31 ·cited 6×
  The court held that the district court erred in calculating damages by failing to include accrued interest and propeller repair costs as deductible expenses for the secured creditor, and that the valuation of the collateral was not adequately supported. The case is remanded for r
• Capitol Indem. Corp. v. J.H. Keller
  717 F.2d 324· 7th Cir.· 1983-08-16 ·cited 6×
  The court held that a creditor who assigns a judgment cannot subsequently bring a fraudulent conveyance action based on that judgment, as the right to sue is transferred with the judgment.
• Giffen Indus. OF Jacksonville, Inc. v. Se. Assocs., Inc.
  357 So. 2d 217· Fla. 1st DCA· 1978-03-28 ·cited 6×
  Giffen Industries, a roofing subcontractor, sought to enforce a mechanic's lien and equitable lien against real property foreclosed by Great American Mortgage Investors (GAMI). The court held that GAMI's notice of lis pendens barred Giffen's mechanic's lien since it was not recor
• Hamilton v. Bank OF Palm Beach & Tr. Co.
  348 So. 2d 1190· Fla. 4th DCA· 1977-07-15 ·cited 6×
  The Fourth District Court of Appeal reversed a summary judgment foreclosing Hamilton's mortgage interest, holding that the bank failed to meet its burden of proving there were no genuine issues of fact regarding Hamilton's claimed interest in the property. The court clarified tha
• In re Souder v. Trudy Tappan
  449 F.2d 284· 5th Cir.· 1971-09-24 ·cited 6×
  The court held that the Moores did not acquire a lien superior to the trustee and that Tappan's lien was valid and not voidable under the Bankruptcy Act.
• Lamson v. Martin
  104 So. 2d 117· Fla. 2d DCA· 1958-06-27 ·cited 6×
  Rose Lamson, as curator of an incompetent's estate, appealed from a decree dismissing her suit to cancel a deed and contract executed by Margaret J. Wimmer to G. H. Martin and Buckeye Holding Company. The trial court found that Lamson failed to prove by a preponderance of the evi