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

• Bostwick v. Baldwin Drainage Dist.
  133 F.2d 1· 5th Cir.· 1943-01-22 ·cited 6×
  The court held that the federal court had jurisdiction over the tax foreclosure suits, and the decrees were not subject to collateral attack. Therefore, the Drainage District acquired good title.
• Godard v. Peyton C. Crenshaw
  136 Fla. 78· Fla.· 1938-08-01 ·cited 6×
  In this creditors' bill case, the Florida Supreme Court affirmed the dismissal of Godard's complaints alleging fraudulent conveyances. The Court held that Godard failed to adequately plead essential elements of a fraudulent transfer claim, specifically failing to allege that the
• Fla. State Fin. Co. v. Lamar Land Co., Inc.
  124 Fla. 282· Fla.· 1936-05-14 ·cited 6×
  The Florida Supreme Court affirmed an order denying a petition to vacate a foreclosure sale confirmation, holding that a court had jurisdiction to enter a decree determining the rights and priorities of multiple parties, including a tax certificate holder, even though the holder'
• Baltzell v. Daniel
  111 Fla. 303· Fla.· 1933-07-06 ·cited 6×
  This case addresses whether a partition decree affects a mortgage lien on an undivided interest when the mortgagee is not a party to the partition suit. The Florida Supreme Court held that a mortgage lien on an undivided interest generally follows the mortgagor's allocated share
• Braddy & Hale Fishery Co. v. Thomas
  93 Fla. 326· Fla.· 1927-02-19 ·cited 6×
  This case involves a dispute over title to land. The appellate court affirmed the lower court's decision to deny a motion to strike parts of the appellee's answer, finding that the appellant's claimed title was invalid.
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• Rocco A. Migliazzo v. Wells Fargo Bank
  290 So. 3d 577· Fla. 2d DCA· 2020-01-24 ·cited 5×
  The appellate court reviewed a foreclosure case where the property owner appealed multiple rulings. While affirming the foreclosure and a counterclaim judgment, the court reversed the dismissal of the owner's quiet title counterclaim, finding the trial court improperly considered
• Nieto Villamizar v. Luna Cap. P'rs
  43 Fla. L. Weekly D900· Fla. 3d DCA· 2018-10-24 ·cited 5×
  An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction
• Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc.
  238 So. 3d 405· Fla. 1st DCA· 2018-01-29 ·cited 5×
  A strip search of a prison visitor was reasonable and constitutionally permissible where the visitor had signed a written consent form acknowledging subjection to personal searches, had visited regularly for years, received pat-down searches without objection, and did not revoke
• Adeena Weiss Ortiz v. Weiss
  227 So. 3d 689· Fla. 3d DCA· 2017-08-30 ·cited 5×
  The trial court did not depart from the essential requirements of law by requiring a bond for the lis pendens or discharging it upon failure to post the bond.
• Wells Fargo Bank v. Rutledge
  148 So. 3d 533· Fla. 2d DCA· 2014-10-10 ·cited 5×
  Wells Fargo Bank appeals a summary judgment that granted title to Calvin Rutledge and discharged Wells Fargo's foreclosure lien, based on findings that Wells Fargo was barred by laches and equitable estoppel and that Mary Dias's signatures on the note and mortgage were forged. Th
• Carran v. Morgan
  510 F. Supp. 2d 1053· S.D. Fla.· 2007-02-26 ·cited 5×
  The court denied most of the defendant's motions to dismiss, finding claims adequately pleaded and jurisdiction proper, but dismissed one count with leave to amend and referred the lis pendens issue for an evidentiary hearing.
• Santa Catalina Townhomes, Inc. v. Shabaz Mirza
  925 So. 2d 1147· Fla. 4th DCA· 2006-04-26 ·cited 5×
  A real estate developer sought certiorari review of a trial court order denying its motion to dissolve a lis pendens or require a bond. The Fourth District Court of Appeal affirmed the trial court's discretionary denial, holding that a bond is not automatically required when a li
• Majestic SUN Owners' Ass'n, Inc. v. Fla. Condos I Ltd. P'ship
  895 So. 2d 534· Fla. 1st DCA· 2005-03-10 ·cited 5×
• Usulu Okur v. Gonzalo Torres and Ana C. Torres
  816 So. 2d 1222· Fla. 3d DCA· 2002-05-29 ·cited 5×
  A landlord's motion to dissolve a lis pendens filed by ex-tenants was granted because a lease provision limiting the landlord's liability to his interest in the property does not create a tenancy interest in the realty sufficient to support a lis pendens.
• Metroplex Invs., Inc. v. Precision Equity Invs., Inc.
  647 So. 2d 304· Fla. 5th DCA· 1994-12-16 ·cited 5×
  Metroplex Investments appealed the trial court's order upholding the redemption of foreclosed property by the Cavanaughs. The Fifth District Court of Appeal affirmed, holding that the property was lawfully redeemed before the certificate of title was issued, in full compliance wi
• Union Camp Corp. v. Dyal
  460 F.2d 678· 5th Cir.· 1972-03-24 ·cited 5×
  The court held that J. Edgar Dyal and his attorneys lacked the authority, real or apparent, to bind other defendants to a stipulation selling real property, as Georgia law requires written authority for such transactions. However, Dyal himself is bound by the stipulation due to h
• Baker v. COX
  120 So. 2d 214· Fla. 2d DCA· 1960-03-30 ·cited 5×
  Property owners Bellamy sought to cancel an option to purchase land and related assignments, while the option holders sought specific performance. The Supreme Court had previously reversed an initial cancellation decree, and on remand, the trial court granted summary judgment for
• The Florida Bar v. Rush
  361 So. 3d 796· Fla.· 2023-05-04 ·cited 4×
  Attorney Brian P. Rush was suspended for three years from the practice of law for violating professional conduct rules by refusing to follow his client's directives to settle an eminent domain case and instead pursuing his own financial interests in seeking attorney's fees based
• LB Judgment Holdings v. Boschetti
  271 So. 3d 115· Fla. 3d DCA· 2019-03-13 ·cited 4×
  This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related orders, ultimately reversing the discharge of the lis pendens
• Bank of N.Y. Mellon v. HOA Rescue Fund, LLC
  249 So. 3d 731· Fla. 2d DCA· 2018-06-08 ·cited 4×
  A purchaser of property subject to a pending foreclosure action with a recorded lis pendens is not entitled to intervene in that action and cannot challenge the foreclosing lender's standing or the sufficiency of its claims against the original mortgagors. An intervenor pendente
• Akbar Nikooie v. Jpmorgan Chase Bank, N.A.
  183 So. 3d 424· Fla. 3d DCA· 2014-12-10 ·cited 4×
  This appeal involves competing mortgage liens on Miami Beach real estate where multiple lenders made loans with recording and tax compliance issues. The court affirmed most of the trial court's priority determinations but reversed and remanded regarding Nikooie's lien priority an
• Nobe BAY Holdings, LLC v. Lazaro Miguel Garcia, M.D.
  140 So. 3d 693· Fla. 3d DCA· 2014-06-11 ·cited 4×
  The court held that the trial court erred in denying the motion to dissolve the lis pendens and in requiring a bond, as the plaintiff failed to establish a nexus between the lawsuit and the property.
• R.H. Ciccone Props., Inc. v. JP Morgan Chase Bank, N.A.
  141 So. 3d 590· Fla. 4th DCA· 2014-05-21 ·cited 4×
  The litigation privilege does not bar a quiet title action arising from allegations made in a prior, voluntarily dismissed foreclosure action.
• Alascia v. State
  135 So. 3d 402· Fla. 5th DCA· 2014-02-07 ·cited 4×
  The Fifth District Court of Appeal quashed a probable cause order for seizure of real property under Florida's Contraband Forfeiture Act (FCFA), holding that property purchased with proceeds from illegal gambling operations is not subject to forfeiture under the FCFA because gamb
• Tetrault v. Calkins
  79 So. 3d 213· Fla. 2d DCA· 2012-02-15 ·cited 4×
  The court held that a lis pendens was not authorized because the plaintiffs' action, based on deed restrictions, did not affect title to or right of possession of the subject property.
• Fernandez v. Haber & Ganguzza, LLP
  30 So. 3d 644· Fla. 3d DCA· 2010-03-17 ·cited 4×
  Fernandez appeals summary judgment dismissing his tortious interference claim against a law firm that filed a lis pendens to block his purchase of a condominium unit. The court affirms, holding that the law firm is entitled to litigation immunity because the lis pendens was filed
• Suarez v. Edgehill
  20 So. 3d 410· Fla. 3d DCA· 2009-10-14 ·cited 4×
  The court held that the amended statute, which presumes the owner of record on the date of the lis pendens filing is entitled to surplus foreclosure proceeds, abrogates the common law rule and controls over a subsequent transfer of title.
• Sheehan v. Donna Reinhardt and o/b/o the Estate OF Richard Fred Warren and Eileen Gorman
  988 So. 2d 1289· Fla. 2d DCA· 2008-09-03 ·cited 4×
  A notice of lis pendens cannot be maintained where the complaint does not directly affect title to or the right of possession of real property and seeks only money damages. A lis pendens is authorized only when the initial pleading is based upon a duly recorded instrument that di
• Mitchell v. Metro. AT Lake Eola, LLC.
  947 So. 2d 1263· Fla. 5th DCA· 2007-02-02 ·cited 4×
  In a specific performance action over a condominium purchase dispute, the court quashed the lower court's order requiring petitioners to post a $600,000 bond to maintain a lis pendens during appeal, holding that the bond amount must bear a reasonable relationship to demonstrated
• Frontage Rd. P'rs, LLC v. McMULLEN
  934 So. 2d 629· Fla. 2d DCA· 2006-07-26 ·cited 4×
  Frontage Road Partners filed a circuit court complaint for specific performance of a real estate sales contract and recorded a lis pendens without simultaneously requesting arbitration, thereby waiving its contractual right to arbitrate the dispute with the seller. The appellate
• The City OF Miami v. The Urban League OF Greater Miami, Inc.
  849 So. 2d 1095· Fla. 3d DCA· 2003-05-14 ·cited 4×
  The City of Miami appealed from orders striking allegations in its foreclosure complaint against the Urban League as a sham and dissolving a lis pendens on one parcel. The appellate court affirmed, holding that the City had adequate notice of the hearing and FRC presented uncontr
• Blackpool Assocs., Ltd. v. SM-106, Ltd.
  839 So. 2d 837· Fla. 4th DCA· 2003-03-05 ·cited 4×
  Blackpool Associates sought to foreclose on a note and mortgage but voluntarily dismissed the action. The trial court struck the dismissal and reinstated the case, and denied Blackpool's motion to disqualify the judge. The Fourth District Court of Appeal affirmed the dismissal st
• Haisfield v. Fleming, Haile & Shaw, P.A.
  819 So. 2d 182· Fla. 4th DCA· 2002-05-15 ·cited 4×
  Haisfield sued his former attorneys at Squire, Sanders & Dempsey (SS & D) for legal malpractice after they pursued a lawsuit for specific performance with abatement of purchase price in a real estate dispute. The court affirmed summary judgment for SS & D under the doctrine of ju
• Aryeh Trading v. Trimfast Grp., Inc.
  778 So. 2d 336· Fla. 2d DCA· 2000-12-29 ·cited 4×
  The court held that a trial court departs from the essential requirements of law by dissolving a lis pendens solely because it is not founded on a recorded instrument.
• Archer v. Archer
  692 So. 2d 1009· Fla. 4th DCA· 1997-05-07 ·cited 4×
  The court denied certiorari, finding that the petitioner failed to establish a departure from the essential requirements of law on the record presented.
• Lawton A. GAY v. GAY
  604 So. 2d 904· Fla. 5th DCA· 1992-09-04 ·cited 4×
  In a dissolution of marriage action, the husband appealed the trial court's order dissolving his lis pendens on marital property titled solely in the wife's name. The appellate court held that a dissolution of marriage action is not founded on a duly recorded instrument, and that
• Finkelstein v. Finkelstein
  603 So. 2d 715· Fla. 4th DCA· 1992-08-26 ·cited 4×
  The court held that the trial court erred in discharging a notice of lis pendens because the moving party failed to meet the burden of proving that the notice was inappropriate.
• In re Knightsbridge Dev. Co. Inc. v. McCARTHY Constr. Co.
  884 F.2d 145· 4th Cir.· 1989-09-01 ·cited 4×
  The court held that a post-petition arbitration award violated the automatic stay because the panel's deliberations occurred after the bankruptcy filing, but a post-petition amendment to a lis pendens did not violate the stay as it had no effect on the bankruptcy estate.
• Knop v. McMAHAN
  872 F.2d 1132· 3d Cir.· 1989-04-19 ·cited 4×
  The court held that subject matter jurisdiction existed because diversity was present at the time of trial and judgment, and affirmed the district court's findings of fraud and breach of contract. However, it reversed the denial of prejudgment interest.
• United States v. Four Parcels OF Real Prop. ON Lake Forrest Circle IN Riv-Erchase
  870 F.2d 586· 11th Cir.· 1989-04-19 ·cited 4×
  The court held that the attorneys' mortgages were invalid under Alabama law due to insufficient description of the debt, and that the attorneys had no independent Sixth Amendment right to the property or standing to assert their client's rights. The court also held that the Unite
• Fed. Deposit Ins. Corp. v. Alton E. Jones
  846 F.2d 221· 4th Cir.· 1988-05-05 ·cited 4×
  The court held that the district court's failure to set forth findings of fact and conclusions of law for its rulings on preliminary injunctions constituted reversible error, requiring remand.
• Hamman v. Sw. GAS Pipeline, Inc.
  821 F.2d 299· 5th Cir.· 1987-07-15 ·cited 4×
  A party acquiring an interest in property subject to a lis pendens notice takes that interest subject to the outcome of the litigation, and a settlement binding the original parties also binds the lis pendens purchaser.
• McALISTER v. Salas
  485 So. 2d 1333· Fla. 2d DCA· 1986-03-19 ·cited 4×
  In this second appeal of a real estate contract dispute, the court reversed the trial court's denial of specific performance after finding that the defendant Salas conveyed the disputed property to third parties (the Parkers) shortly after an appeal was filed, apparently to defea
• Allison ON THE Ocean, Inc. v. Paul's Carpet, Inc.
  479 So. 2d 188· Fla. 3d DCA· 1985-11-20 ·cited 4×
  Allison on the Ocean appeals the trial court's denial of its motion to stay a sheriff's sale, arguing it acquired title to the hotel property free and clear of Paul's Carpet's judgment lien. The court reversed, holding that Paul's Carpet's mechanic's lien took priority over its j
• Nero v. Nero
  475 So. 2d 1361· Fla. 5th DCA· 1985-10-03 ·cited 4×
  Petitioners sought a writ of certiorari challenging a trial court's denial of their motion to discharge a lis pendens filed by respondents in a specific performance action involving unrecorded land. The court held that while petitioners had a statutory right to require a bond und
• Albega Corp. & June D. Hall v. Manning
  468 So. 2d 1109· Fla. 1st DCA· 1985-05-21 ·cited 4×
  The court held that an action to rescind and cancel a recorded agreement for deeds and the deeds themselves is founded upon a recorded instrument, entitling the plaintiff to maintain a notice of lis pendens.
• Meka Constr. Corp. v. Vill. Mall OF Port Orange, Ltd.
  469 So. 2d 838· Fla. 5th DCA· 1985-05-02 ·cited 4×
  A contractual provision for venue in a specific county is enforceable even in an action to foreclose a mechanic's lien, despite the property's location in a different county.
• Wen-Dic Constr. Co., Inc. v. Mainlands Constr. Co., Inc.
  463 So. 2d 1187· Fla. 2d DCA· 1985-01-09 ·cited 4×
  An amended counterclaim seeking foreclosure of a mechanic's lien relates back to the date of the original timely counterclaim under Florida Rule of Civil Procedure 1.190(c), even when filed more than twenty days after a complaint to discharge the lien, because it arises from the
• Keith v. Bratton
  738 F.2d 314· 8th Cir.· 1984-07-05 ·cited 4×
  The court held that an order releasing a notice of lis pendens is appealable under the collateral order doctrine, and that a notice of lis pendens filed before the commencement of a suit affecting title to property is a nullity.