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

• Montserrat Overseas Holdings, S.A. v. Larsen
  709 F.2d 22· 9th Cir.· 1983-06-08 ·cited 4×
  The court held that the district court did not err in granting partial summary judgment on the specific performance claim or in dismissing the action for failure to post a costs bond.
• Campbell v. Landmark First Nat'l Bank of FT. Lauderdale
  421 So. 2d 813· Fla. 4th DCA· 1982-11-17 ·cited 4×
• Strelitz v. Stuppel (In Re Stuppel)
  17 B.R. 413· S.D. Fla.· 1981-07-30 ·cited 4×
  The court held that the allegations in the amended petition were sufficient to invoke the bankruptcy court's in rem jurisdiction under Section 304, and thus the bankruptcy court had jurisdiction to entertain the ancillary action.
• Winkler v. Andrus
  614 F.2d 707· 10th Cir.· 1980-02-01 ·cited 4×
  The court held that the determination of whether Davis Oil Company and Marvin Davis were bona fide purchasers requires a factual evaluation by the trial court regarding the notice provided by the BLM records at the time of assignment.
• Benton Musselwhite v. Raimey
  348 So. 2d 330· Fla. 1st DCA· 1977-03-30 ·cited 4×
• De Mapia v. Equitable Dev. Corp.
  302 So. 2d 418· Fla. 1st DCA· 1974-09-17 ·cited 4×
  The trial court abused its discretion in discharging a lis pendens where the plaintiffs sought subrogation to a mortgagee's rights and foreclosure, as the subrogation claim was sufficiently related to the underlying mortgage to warrant maintaining the notice pending adjudication.
• Miller v. Townhouse Dev. Corp.
  178 So. 2d 730· Fla. 2d DCA· 1965-09-28 ·cited 4×
  The court held that a party with privity of title to property subject to a replevin action should be allowed to intervene as a defendant.
• Culver Johnson and Anna Johnson v. Rossell
  156 So. 2d 190· Fla. 1st DCA· 1963-09-17 ·cited 4×
  This case interprets Florida's Mechanics' Lien Law to determine whether defendant lienors must file a separate notice of pendency for their counterclaimed mechanic's liens when the plaintiff mortgagee has already filed a notice of lis pendens in a mortgage foreclosure action. The
• Hickok v. Gulf OIL Corp.
  265 F.2d 798· 6th Cir.· 1959-04-16 ·cited 4×
  The court held that the district court did not abuse its discretion in dissolving a temporary injunction to allow parties to litigate complex accounting and property issues in state courts, consistent with principles of comity.
• Porter v. La Fe
  68 So. 2d 602· Fla.· 1953-12-11 ·cited 4×
  Porter appeals a decree dismissing her bill of complaint seeking annullment or confirmation of marriage and child adoption, as well as her cross-bill claiming a common-law marital status and interest in real property. The Florida Supreme Court affirmed the dismissal, finding no l
• Deauville Assocs., Inc. v. Magraw
  197 F.2d 87· 5th Cir.· 1952-05-20 ·cited 4×
  The court held that the striking of intervenor's claims for reimbursement and subrogation was erroneous, but the allowance of attorney fees was proper.
• In re Long Island Props. v. Buckley
  143 F.2d 349· 2d Cir.· 1944-06-16 ·cited 4×
  The court held that mechanic's liens, once allowed as secured claims in bankruptcy reorganization proceedings, retain that status even if the statutory period for refiling expires during the proceedings, as the bankruptcy court's order fixes their validity.
• Schwartz v. Horowitz
  131 F.2d 506· 2d Cir.· 1942-11-25 ·cited 4×
  The bankruptcy court had summary jurisdiction to join a partial assignee as a party because the obligors consented and the assignee had sufficient 'control' over the chose in action. However, it lacked grounds to enjoin the assignee's prior state court action.
• U.S. Bancorp v. Taharra Assets 5545, Inc.
  378 So. 3d 630· Fla. 4th DCA· 2024-01-24 ·cited 3×
  A foreclosure judgment is void when the plaintiff fails to join an indispensable party (the fee simple title holder at the time the lis pendens was filed), and a subsequent purchaser who acquired title after the lis pendens was filed may quiet title against the void foreclosure c
• Walsh v. Abate
  336 So. 3d 50· Fla. 4th DCA· 2022-03-23 ·cited 3×
  The appellate court affirmed the trial court's dismissal of a specific performance claim, finding that the email and text negotiations did not constitute a binding contract under the statute of frauds. The court also affirmed the dissolution of the lis pendens.
• Weiss v. Adeena Weiss
  317 So. 3d 167· Fla. 3d DCA· 2021-02-03 ·cited 3×
  A judgment that disposes of a plaintiff's claims but reserves jurisdiction over a defendant's counterclaim is not final as to all parties and does not permit closure of the entire case. The trial court erred in closing the case while Weiss's counterclaim remained pending.
• Carollo v. Henderson
  290 So. 3d 1088· Fla. 5th DCA· 2020-02-20 ·cited 3×
  Christopher Carollo sought certiorari review of a trial court's order denying his motion to discharge a lis pendens filed by fellow member Brian Henderson regarding real property. The court held that Carollo was entitled to an evidentiary hearing on the motion because the underly
• Taufer v. Wells Fargo Bank, N.A.
  278 So. 3d 335· Fla. 3d DCA· 2019-07-17 ·cited 3×
  The appellate court dismissed an appeal by tenants and a former homeowner challenging a writ of possession. The court found the appellants lacked standing and failed to file their appeal within the required timeframe, rendering the court without jurisdiction.
• Fed. Nat'l Mortg. Ass'n ("Fannie Mae") v. Gallant
  211 So. 3d 1055· Fla. 4th DCA· 2017-02-22 ·cited 3×
  Fannie Mae sought certiorari review of a trial court order granting Stella Gallant's motion to intervene in a foreclosure action and stay proceedings. The appellate court found the trial court departed from essential legal requirements by permitting intervention by a purchaser wi
• Tr. NO. 602W0 Dated 7/16/15 v. Wells Fargo Bank, N.A.
  207 So. 3d 977· Fla. 5th DCA· 2016-12-22 ·cited 3×
  The Trust appeals the denial of its motion to intervene in a foreclosure lawsuit filed by Wells Fargo against the original property owners. Because the Trust purchased the property after Wells Fargo filed a lis pendens, it is a purchaser pendente lite and is not entitled to inter
• Colonnade 101 SE, Inc. v. Mireya Cristina Cambero Cordero
  194 So. 3d 446· Fla. 3d DCA· 2016-05-11 ·cited 3×
  Appellants sought dissolution of notices of lis pendens filed by appellee. The trial court granted appellants' motion based on procedural defects, without reaching the alternative substantive grounds. The appellate court affirmed, holding that once appellants received the relief
• Pilato v. Edge Invs., L.P.
  609 F. Supp. 2d 1301· S.D. Fla.· 2009-03-30 ·cited 3×
  The court held that the contract's force majeure clause and sales quota clause did not violate the Interstate Land Sales Full Disclosure Act (ILSA), thus exempting the sale from ILSA requirements. However, the court found that the plaintiffs stated a claim for violation of Florid
• Fischer v. Fischer
  873 So. 2d 534· Fla. 4th DCA· 2004-05-19 ·cited 3×
  The Florida Fourth District Court of Appeal reversed a trial court's partial dissolution of a lis pendens filed by the estate of a deceased husband claiming a 50% interest in a condominium held with his surviving spouse. The court held that the trial court erred in allowing the w
• Patraka v. VSI Int'l, Inc.
  832 So. 2d 156· Fla. 4th DCA· 2002-11-06 ·cited 3×
  Petitioner seeks certiorari review of an order dissolving a lis pendens filed against real property allegedly purchased with funds improperly transferred from a corporation. The court holds that a lis pendens claiming only an indirect interest in property as a vehicle for satisfy
• Miami-Dade Cnty. v. Imagine Props., Inc.
  752 So. 2d 129· Fla. 3d DCA· 2000-03-08 ·cited 3×
  A junior lienholder omitted from a prior foreclosure action must pay the original mortgage debt to redeem, not the foreclosure judgment amount including costs, and must receive title upon redemption.
• Terence M. Brown v. Anne T. Brown
  732 So. 2d 1169· Fla. 1st DCA· 1999-04-20 ·cited 3×
  The court held that prejudgment interest was improperly calculated and a notice of lis pendens should have been discharged, and that the trial court erred by not considering all of the appellant's counterclaims.
• RED Bird Laundry and Melvin M. Weber v. Parks
  728 So. 2d 1238· Fla. 5th DCA· 1999-04-09 ·cited 3×
  Red Bird Laundry and Melvin Weber appealed the denial of their motion for attorney's fees under section 57.105, Florida Statutes, following the dissolution of lis pendens filed against their properties. The court dismissed the appeal for lack of jurisdiction because no final orde
• Koschler v. Dean
  642 So. 2d 1119· Fla. 2d DCA· 1994-09-16 ·cited 3×
  The appellate court reversed a quiet title judgment, finding that a mortgage granted by Mary Dean and Carmen Ciprianno was invalid because a notice of lis pendens had been filed against the property, even though it was not properly recorded in the official records at the time the
• Ticor Title Ins. v. Univ. Creek, Inc.
  767 F. Supp. 1127· M.D. Fla.· 1991-06-19 ·cited 3×
  The court held that the Shubows' affidavit and lis pendens constituted an encumbrance covered by the title policy, and that University Creek's settlement was a covered loss due to Ticor's unreasonable delay and refusal to act.
• Hill v. Dep't OF the AIR Force
  884 F.2d 1321· 10th Cir.· 1989-07-07 ·cited 3×
  The court held that a notice of lis pendens is impermissible when the underlying action seeks only monetary damages, not to affect title to real estate.
• United States v. One Parcel of Real Estate Located on Fellows Tracts C
  715 F. Supp. 360· S.D. Fla.· 1989-06-27 ·cited 3×
  The court held that the government's delay in seizing the property and providing notice equitably estopped it from denying the claimants' innocent owner defense, and that the innocent owner defense is based on actual, not constructive, knowledge.
• Forrest T. GAY et ux. v. Mujica
  170 So. 2d 83· Fla. 2d DCA· 1964-12-23 ·cited 3×
  This is a case of first impression regarding mechanic's liens in Florida. The court held that lienholders have up to one year from filing a claim of lien to file a notice of pendency of action, and this notice may be filed after a counterclaim is answered, not necessarily contemp
• Sallie Williams and Zibe Williams and Executor v. Howard Cole & Co., Inc.
  159 Fla. 151· Fla.· 1947-04-25 ·cited 3×
  The Court held that the release of a power to amend a trust, made to correct a legal misunderstanding about estate tax inclusion, was not made in contemplation of death if the dominant motive was to effectuate the original intent of the gift.
• Romine v. Horobin
  139 Fla. 103· Fla.· 1939-07-07 ·cited 3×
  A creditor sought to enforce a judgment from Ohio against a debtor in Florida by filing a creditor's bill alleging fraudulent conveyance. The trial court dismissed the bill based on technical defects in naming the parties in the underlying judgment, which the Supreme Court affirm
• Ray v. Trice
  49 Fla. 375· Fla.· 1905-01-01 ·cited 3×
  Walter Ray, who purchased property during a pending foreclosure suit without notice and without a lis pendens filed, was dispossessed by a writ of assistance issued to the bank receiver without notice to Ray. The Florida Supreme Court reversed the dispossession, holding that a wr
• Yoandra Mendoza v. Kendall Park Plaza, Ltd.
  429 So. 3d 1082· Fla. 3d DCA· 2026-02-18 ·cited 2×
  Yoandra Mendoza appeals the denial of her motion to intervene in post-judgment execution proceedings involving her homestead property. The court reversed, holding that Mendoza demonstrated a sufficient interest in the property to warrant intervention, particularly given her claim
• Adeena Weiss v. Weiss
  Fla. 3d DCA· 2024-05-29 ·cited 2×
  Transfer of stock in a closely held corporation requires documentary evidence sufficient under applicable statutory provisions, and extrinsic evidence of intent alone is insufficient absent such documentation.
• Prontocash, LLC v. The Autoboutique of Miami, Inc.
  336 So. 3d 1212· Fla. 3d DCA· 2021-12-08 ·cited 2×
  A non-party property owner has standing to move to discharge a lis pendens without intervening in the underlying lawsuit, and a lis pendens against property not owned by a party to the action must be dissolved where the proponent fails to show fair nexus between the property and
• Lawrence v. Marina Tower of Turnberry Isle Condo. Ass'n, Inc.
  323 So. 3d 271· Fla. 3d DCA· 2021-06-16 ·cited 2×
  A district court of appeal lacks jurisdiction to review nonfinal orders when the notice of appeal is filed more than thirty days after rendition and when a Rule 1.540(b) motion seeks to vacate a nonfinal order.
• Citimortgage v. Porter
  261 So. 3d 739· Fla. 3d DCA· 2018-12-19 ·cited 2×
  CitiMortgage appeals summary judgment favoring Sun West regarding priority of mortgage liens on a residential property. CitiMortgage's first mortgage was recorded in 2005, but suspicious documents—including a satisfaction purportedly executed in 2009 but recorded in 2012 and a di
• Santiago v. U.S. Bank Nat'l Ass'n
  257 So. 3d 1145· Fla. 5th DCA· 2018-10-25 ·cited 2×
  A voluntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(a) does not divest the trial court of jurisdiction to consider a motion for release of original documents that a party placed in the court file. A separate lawsuit is not required for a party to seek release
• Diaz v. Kosch
  250 So. 3d 156· Fla. 3d DCA· 2018-06-13 ·cited 2×
  Buyers appealed summary judgments in a failed residential real estate transaction, challenging the trial court's determination that they forfeited their right to cancel the contract and their earnest money deposit. The Florida District Court of Appeal, Third District affirmed, ho
• Nat'l Am. Home, LLC v. Deutsche Bank Nat'l Tr. Co.
  242 So. 3d 1144· Fla. 4th DCA· 2018-04-04 ·cited 2×
  The court affirmed a trial court's declaratory judgment holding that a property owner's interest was discharged in a mortgage foreclosure proceeding despite the owner's claim that the notice of lis pendens had expired. The central issue was whether a mortgage foreclosure action q
• 940 Lincoln Rd. Assocs. LLC v. 940 Lincoln Rd. Enters., Inc.
  237 So. 3d 1099· Fla. 3d DCA· 2017-12-27 ·cited 2×
  The Florida Third District Court of Appeal affirmed summary judgment for sellers in a commercial real estate dispute where buyers claimed they were fraudulently induced to terminate two purchase agreements and alleged an oral agreement to resell the properties on the same terms a
• Wichi Mgmt. LLC v. Masters
  193 So. 3d 961· Fla. 3d DCA· 2016-05-04 ·cited 2×
  WICHI Management appeals a final judgment granting R & L Financial an equitable lien on a promissory note and mortgage held by WICHI. The court reversed, holding that R & L failed to establish any legal or equitable basis for the lien because the funds it provided were not direct
• Barnsdale Holdings, LLC v. PHH Mortg. Corp.
  170 So. 3d 863· Fla. 3d DCA· 2015-07-15 ·cited 2×
  A non-party that acquires an interest in property after a lis pendens is recorded in a pending suit must file a motion to intervene within 30 days of the lis pendens recording or be barred from participation, and cannot proceed as an 'unknown defendant' under Florida Statutes § 4
• Blythe v. Atlas Indus. Enters., Inc.
  90 So. 3d 860· Fla. 5th DCA· 2012-06-01 ·cited 2×
  Trial court violated procedural requirements by imposing a lis pendens bond without holding an evidentiary hearing, requiring remand for proper hearing on bond amount and validity.
• The Haven Ctr., Inc. v. Homero Meruelo
  995 So. 2d 1166· Fla. 3d DCA· 2008-12-10 ·cited 2×
  The court held that a lis pendens surety bond should not be discharged simply because the lis pendens was voluntarily released, as the conditions for release (determination of improper filing and opportunity for owner to prove damages) were not met.
• Shields v. Schuman
  964 So. 2d 813· Fla. 4th DCA· 2007-09-19 ·cited 2×
  A minority shareholder challenged a trial court order requiring him to post an $8.5 million bond as a condition of maintaining two counts in his complaint challenging a corporate asset sale. The court held that requiring a bond unrelated to a lis pendens violates a shareholder's
• Wolf Creek Land Dev., Inc. v. Masterpiece Homes, Inc.
  942 So. 2d 995· Fla. 5th DCA· 2006-12-01 ·cited 2×
  Wolf Creek Land Development sought certiorari review of a trial court order granting Masterpiece Homes' motion for judgment on the pleadings, dismissing Wolf Creek's construction lien foreclosure count and dissolving its lis pendens. The court denied the petition, holding that Wo