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

• Iannazzo v. Stanson
  927 So. 2d 1005· Fla. 4th DCA· 2006-04-19 ·cited 2×
  Appellants Iannazzo and Schweizer appealed a Florida trial court's order enforcing New York court judgments against them regarding ownership of Florida real estate. The Fourth DCA affirmed the enforcement but reversed the portion of the injunction that froze Schweizer's unrelated
• Trage v. 311 Meridian & 3RD St., LLC
  924 So. 2d 925· Fla. 3d DCA· 2006-03-29 ·cited 2×
  Dennis Trage appealed a trial court's grant of partial summary judgment in favor of three LLCs regarding his claim to real estate. The court affirmed, holding that Judith Trage lacked authority to assign Atlantic South Beach Properties' interest in purchase agreements to her son
• Woolin v. Betti Bernay
  920 So. 2d 1151· Fla. 3d DCA· 2006-02-01 ·cited 2×
  The court held that the law of the case doctrine barred the trial court from allowing a second lis pendens when the facts and legal issues were substantially the same as a prior decision affirmed on appeal.
• Gaeta Ltd. P'ship # 1 v. Topline Printing & Graphics, Inc.
  810 So. 2d 1047· Fla. 4th DCA· 2002-03-13 ·cited 2×
  Gaeta Limited Partnership challenged a circuit court order denying its motion to discharge a lis pendens filed by Topline Printing in a declaratory judgment action seeking to construe lease terms. The appellate court held that a lis pendens cannot be sustained absent a fair nexus
• Van Coppenolle v. Falcone
  802 So. 2d 462· Fla. 4th DCA· 2001-12-19 ·cited 2×
• Michel Aouate v. Hotel Europe, Inc.
  792 So. 2d 596· Fla. 3d DCA· 2001-08-15 ·cited 2×
  A trustee for a purchaser appealed a judgment in favor of a hotel seller in a real estate dispute over a purchase agreement. The trial court excluded the purchaser's evidence regarding whether title defects (specifically an equitable lien from a pending lawsuit) were "liquidated
• Gordon v. Aqua-Solar Assocs.
  722 So. 2d 910· Fla. 1st DCA· 1998-12-04 ·cited 2×
  The court held that factual issues exist regarding whether Parkside had implied actual notice of the Gordons' claim, precluding summary judgment.
• In re Ulpiano Unanue Casal v. Ulpiano Unanue Casal
  998 F.2d 28· 1st Cir.· 1993-07-07 ·cited 2×
  The court dismissed the appeal of the September 4 attachment order for lack of jurisdiction and denied the due process challenge to the September 26 orders on the merits.
• Dep't OF Transp. v. Fowler
  621 So. 2d 689· Fla. 5th DCA· 1993-04-16 ·cited 2×
• Tucker v. First Md. Sav. & Loan, Inc.
  942 F.2d 1401· 9th Cir.· 1991-08-23 ·cited 2×
  The court held that the district court erred in abstaining from hearing the lender liability action, as neither Burford nor Colorado River abstention doctrines applied.
• McINTOSH v. L.H. Hough
  579 So. 2d 179· Fla. 5th DCA· 1991-04-11 ·cited 2×
  This case involves a complex scheme of fraudulent property conveyances stemming from a 1979 judgment against L.H. Hough. The court addressed whether subsequent purchasers without actual notice of a lis pendens can raise the unclean hands equitable defense against the original fra
• In re Seaway Express Corp. v. Warren L. Erickson for Seaway Express Corp.
  912 F.2d 1125· 9th Cir.· 1990-08-30 ·cited 2×
  A bankruptcy trustee, acting as a bona fide purchaser of real property under 11 U.S.C. § 544(a)(3), prevails over a creditor's unrecorded equitable interest in that property, even if the debtor's acquisition of the property breached a contract, provided the trustee had no actual
• Murray Diamond v. Am. Legion Cmty. Club OF Coconut Grove, Inc.
  544 So. 2d 239· Fla. 3d DCA· 1989-04-25 ·cited 2×
  A lawsuit to quiet title based on fraudulent conveyance and misrepresentation is not an action founded upon a duly recorded instrument, thus a notice of lis pendens is not effectual beyond one year without court extension.
• Foxbridge, Inc. v. Tartan-Laver Delray, Inc.
  528 So. 2d 1255· Fla. 4th DCA· 1988-07-20 ·cited 2×
  The court held that the trial judge abused discretion by refusing to set aside a default judgment against a garnishee who lacked actual notice and alleged excusable neglect and a meritorious defense.
• Wolofsky v. Waldron
  526 So. 2d 945· Fla. 4th DCA· 1988-05-18 ·cited 2×
  A vendee under an executory contract for unimproved real property sought specific performance and damages after the vendors conveyed the property to another and the title proved unmarketable. The court reversed summary judgment for the vendors, holding that even when a contract l
• Simpson v. Simpson
  524 So. 2d 1124· Fla. 5th DCA· 1988-05-12 ·cited 2×
  The court held that the ex-wife's Count III was insufficient to state a cause of action for injunctive relief and that the trial court erred in granting such relief without proper notice, hearing, or bond.
• Green Hill Corp. v. KIM
  842 F.2d 742· 4th Cir.· 1988-03-30 ·cited 2×
  Filing a lis pendens and obtaining a money judgment does not create a lien under Virginia law sufficient to warrant relief from an automatic bankruptcy stay.
• Daugharty v. Faye Eubanks Daugharty
  502 So. 2d 1289· Fla. 1st DCA· 1987-02-19 ·cited 2×
  The court held that a lis pendens in an action to vacate a judgment based on fraud is not automatically a matter of right and the trial court has discretion to require a bond.
• Myron A. Hamilton v. Smith
  808 F.2d 36· 10th Cir.· 1986-01-03 ·cited 2×
  The court held that a notice of lis pendens may not be filed in anticipation of a money judgment under Utah law.
• United States v. Robinson
  570 F. Supp. 1157· M.D. Fla.· 1983-08-26 ·cited 2×
  The court held that the defendants violated the Clean Water Act and Rivers and Harbors Act by illegally filling wetlands and ordered them to restore the property to its prior condition.
• Tiffany Realty, Inc. v. Alvin
  311 So. 2d 832· Fla. 3d DCA· 1975-04-08 ·cited 2×
  The appellate court reviewed a dispute arising from a real estate purchase agreement, addressing the seller's entitlement to retain the deposit and recover mortgage interest, and the purchaser's right to recover the deposit.
• Arnold Owens, Inc. v. Balido
  175 So. 2d 96· Fla. 3d DCA· 1965-05-11 ·cited 2×
  This case involves an appeal from a mechanic's lien foreclosure action. The appellate court affirmed the lower court's decision, finding that the contractor had properly filed the necessary notices, including a lis pendens, and that the amount awarded was supported by substantial
• MacHover v. Abdrhmin Abdallah and Menrah Abdallah
  329 F.2d 800· 3d Cir.· 1964-04-03 ·cited 2×
  The court held that a buyer of real property is charged with constructive notice of a tenant's rights if the tenant is in possession and the buyer fails to make reasonable inquiry, even if the tenant's lease is for a longer term than agreed upon in the sale contract.
• Smith v. Landis
  211 F.2d 166· 5th Cir.· 1954-03-12 ·cited 2×
  A devolutive appeal from a judgment rejecting a claim of nullity and ordering a sale does not stay the execution of that judgment, and a sale conducted under such a judgment is valid against a subsequent claim of nullity based on a later reversal of the original underlying judgme
• Eppenauer v. Ohio Oil Co.
  128 F.2d 363· 5th Cir.· 1942-05-28 ·cited 2×
  Purchasers of land with notice of a pending suit cannot relitigate title issues decided against their vendor and are not entitled to recover development costs incurred as non-good faith trespassers.
• R. C. Bowers in Bankruptcy for the Estate of E. C. Pearson v. Pearson
  101 Fla. 714· Fla.· 1931-05-28 ·cited 2×
  A bankruptcy trustee appealed the overruling of a plea in a mortgage foreclosure suit, arguing that a U.S. Court decree should bar the assignee's foreclosure. The Florida Supreme Court held that a lis pendens only affects transfers made after the suit is filed, and since the mort
• Fain v. Adams
  97 Fla. 517· Fla.· 1929-04-10 ·cited 2×
  This case involves a dispute over title to land in Hillsborough County, Florida. The court held that Walter S. Adams, who sold property to Ella C. Chamberlain and then repurchased it from her during pending litigation brought by the heirs of the original owner, was a necessary pa
• Oakland Props. Corp. v. Hogan
  96 Fla. 50· Fla.· 1928-06-23 ·cited 2×
  Oakland Properties Corporation and L. C. Millen appealed a decree granting a writ of assistance to evict Millen from 65 acres of land in Broward County, Florida, where Hogan held legal title under a Master's deed. The Florida Supreme Court affirmed, holding that the chancellor di
• Reeves v. Armstrong
  75 Fla. 384· Fla.· 1918-03-06 ·cited 2×
  F. G. Reeves sought partition of Florida land claimed through successive deeds from the Davis heirs, but the Florida Supreme Court affirmed dismissal of the complaint, holding that a petition for rehearing in an earlier case involving the same land suspended the effect of a favor
• Sprinkle v. Fox Hollow Vill. Prop. Owners Ass'n, Inc.
  401 So. 3d 1258· Fla. 5th DCA· 2025-02-14 ·cited 1×
  The Fifth District Court of Appeal affirmed the trial court's denial of a renewed motion for distribution of surplus foreclosure funds. The appellant, claiming rights as a beneficiary and personal representative, failed to overcome the statutory presumption that the trust (as own
• Trujillo v. Mysora Garcia
  402 So. 3d 422· Fla. 3d DCA· 2024-12-18 ·cited 1×
  Trujillo appeals the trial court's discharge of a notice of lis pendens he filed on Garcia's property in a property damage dispute between neighbors. The Third District Court of Appeal affirmed, holding that a lis pendens is improper when the lawsuit seeks only money damages and
• Hutchins v. SCT Trading, LLC
  392 So. 3d 246· Fla. 2d DCA· 2024-08-07 ·cited 1×
  A trial court may require a lis pendens proponent to post a bond only after conducting an evidentiary hearing, but a property owner seeking such relief must file a proper motion and schedule a hearing; absent such action, the property owner suffers no material injury warranting c
• Henry v. AIM Indus.
  352 So. 3d 939· Fla. 2d DCA· 2022-12-16 ·cited 1×
  The appellate court denied a petition for a writ of certiorari because the appellant failed to provide an adequate appellate record. Without a transcript of the lower court hearing, the court could not determine if the trial court erred in discharging the notices of lis pendens w
• Nationstar Mortg. LLC v. Lucimeire DeSouza
  343 So. 3d 1227· Fla. 1st DCA· 2022-07-06 ·cited 1×
  The appellate court held that it had jurisdiction to review an order granting a party intervention in a foreclosure case, even though the appeal was from a subsequent order awarding attorney's fees. The court reversed the fee award because the intervenor was not a proper party to
• Decks N Such Marine, Inc. v. Daake
  297 So. 3d 653· Fla. 1st DCA· 2020-05-15 ·cited 1×
  The appellate court reversed an award of attorney's fees to a junior interest holder in a construction lien foreclosure action. The court held that Florida Statute section 713.29, which allows for attorney's fees for the prevailing party in a lien enforcement action, does not ext
• Marriott v. Fisher & Davidson, LLP
  299 So. 3d 511· Fla. 3d DCA· 2020-03-11 ·cited 1×
  The appellate court denied a petition for a writ of certiorari seeking to quash an order that denied a motion to discharge a lis pendens. The court found that even if the writ were granted, it would be ineffectual as it would only leave the lis pendens in place, and the court lac
• Townsend v. C.T. BOX
  291 So. 3d 114· Fla. 4th DCA· 2020-02-12 ·cited 1×
  A person in possession of property is exempt from the lis pendens statute's requirement to intervene within twenty days to preserve an unrecorded property interest, and a mortgagee who takes a mortgage on property occupied by others is put on notice to inquire into the occupants'
• Meldrum v. Bergamo-Meldrum
  281 So. 3d 504· Fla. 4th DCA· 2019-10-02 ·cited 1×
  In a dissolution of marriage case, the Fourth District Court of Appeal reviewed four interlocutory orders entered on the same day, including a temporary injunction, temporary relief order, and denials of the husband's motions regarding lis pendens notice and temporary support. Th
• Rokosz v. Haccoun
  274 So. 3d 498· Fla. 3d DCA· 2019-06-05 ·cited 1×
  A trial court violates procedural due process when it treats a motion to discharge a lis pendens as a motion for reconsideration without conducting an evidentiary hearing, thereby denying the party a full and fair opportunity to present evidence supporting the homestead exemption
• FL Homes 1, LLC v. Toula Kokolis
  271 So. 3d 6· Fla. 4th DCA· 2019-05-15 ·cited 1×
  This foreclosure appeal concerns whether a mortgage foreclosure judgment was void due to the mortgagee's failure to join the record title holder, FL Homes LLC, as a defendant. The court held that the judgment was void for this failure to join an indispensable party, and consequen
• Delta Aggregate, LLC v. Hermes Hialeah Warehouse, LLC
  266 So. 3d 248· Fla. 4th DCA· 2019-03-06 ·cited 1×
  The appellate court granted certiorari review and quashed a lower court's order denying a motion to discharge a lis pendens. The court found that the claim for an equitable lien, which supported the lis pendens, lacked the required "fair nexus" to the property and that the plaint
• Space Coast Credit Union v. Goldman
  262 So. 3d 836· Fla. 3d DCA· 2018-12-18 ·cited 1×
  Space Coast Credit Union appealed the trial court's order allowing Asset Recoveries, LLC to intervene in a foreclosure action. Asset Recoveries had purchased the property at a foreclosure sale conducted pursuant to a crossclaim judgment, after Space Coast had filed a notice of li
• Albritton v. Barness
  254 So. 3d 1180· Fla. 2d DCA· 2018-09-14 ·cited 1×
  The Estate of Bobby J. Albritton appeals from an order dismissing its foreclosure action against Joseph Barness. The trial court erred in denying the Estate's right to amend its complaint under Florida Rule of Civil Procedure 1.190(a), which permits amendment as a matter of right
• Zenith Ins. Co. v. Metrobank S.A.
  215 So. 3d 135· Fla. 3d DCA· 2017-03-22 ·cited 1×
  The appellate court affirmed the trial court's denial of Zenith's motion to intervene, finding no abuse of discretion.
• Pearson v. Peoples Nat'l Bank
  116 So. 3d 1283· Fla. 1st DCA· 2013-07-24 ·cited 1×
  The court held that the Bank waived its right to compel arbitration by initiating a lawsuit without simultaneously seeking arbitration.
• Coastal Palms Holdings, LLC v. Paxton
  110 So. 3d 36· Fla. 2d DCA· 2013-03-06 ·cited 1×
  Coastal Palms Holdings appealed a final judgment in a replevin action after the trial court ruled on the merits following only a show cause hearing without proper notice of trial. The court reversed, holding that the trial court improperly converted a preliminary show cause proce
• Boats Express, Inc. v. Thackeray
  978 So. 2d 206· Fla. 2d DCA· 2008-03-26 ·cited 1×
  Boats Express, Inc. and its president Gregory Hutchens appeal a judgment entered against Hutchens in proceedings supplementary. The trial court entered a $45,975.42 judgment against Hutchens based on an alleged fraudulent transfer, but did so without filing a complaint against hi
• DE LA Fuente v. Adrian Developers Corp.
  967 So. 2d 251· Fla. 3d DCA· 2007-09-12 ·cited 1×
  A trial court may extend a notice of lis pendens not founded on a duly recorded instrument beyond one year from commencement of the action upon reasonable notice and for good cause, and has discretion to deny discharge of such a lis pendens on a case-by-case basis.
• Ness Racquet Club, LLC v. Renzi Holdings, Inc.
  959 So. 2d 758· Fla. 3d DCA· 2007-05-23 ·cited 1×
  Ness Racquet Club sought certiorari review to discharge a lis pendens filed by Renzi Holdings against property owned by Ness. The court granted the petition and ordered discharge, holding that an unrecorded service agreement cannot support the filing of a lis pendens because it d
• OZ v. Countrywide Home Loans, Inc.
  953 So. 2d 619· Fla. 3d DCA· 2007-03-21 ·cited 1×
  The court held that a lis pendens that fails to include the date of the institution of an action and incorrectly lists a defendant's name does not provide constructive notice and is ineffective.