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
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869 So. 2d 1246·
Fla. 3d DCA·
2004-04-07
·cited 1×
The Heirs of Siegfried Otto appeal the discharge of a lis pendens filed against two Star Island parcels in Miami Beach. The court reverses, holding that the Heirs established a fair nexus between the property and their constructive trust claim based on a 1995 settlement agreement
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751 So. 2d 103·
Fla. 4th DCA·
1999-12-29
·cited 1×
The appellate court denied the husband's petition for certiorari, finding no departure from the essential requirements of law or abuse of discretion in dissolving the lis pendens.
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705 So. 2d 699·
Fla. 3d DCA·
1998-02-04
·cited 1×
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949 F. Supp. 832·
M.D. Fla.·
1996-12-19
·cited 1×
The court granted the petition for a warrant of arrest in rem, finding that the proposed warrant adequately protects the owners' due process rights without requiring physical seizure of the real property.
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835 F. Supp. 1383·
M.D. Fla.·
1993-10-22
·cited 1×
The court held that the petitioners failed to prove by a preponderance of the evidence that they had a legal right, title, or interest in the High Seas Restaurant that vested in them rather than Lester Clark Dean, nor that they were bona fide purchasers for value without knowledg
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937 F.2d 268·
5th Cir.·
1991-08-07
·cited 1×
A successor bank did not assume unliquidated litigation liabilities of an insolvent predecessor bank under federal law, and a federal court judgment on property ownership precludes relitigation in state court.
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643 F. Supp. 139·
S.D. Fla.·
1986-05-29
·cited 1×
The court held that the property was purchased with proceeds from illegal drug activities and was subject to forfeiture, and that the mortgage was a sham. Therefore, the plaintiffs took nothing.
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728 F.2d 655·
4th Cir.·
1984-03-01
·cited 1×
The court held that a consent judgment for forfeiture was improperly entered because there was no evidence that the consenting party had a legal interest in the forfeited property, and thus vacated the judgment and remanded for an evidentiary hearing on ownership.
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400 So. 2d 1324·
Fla. 4th DCA·
1981-07-29
·cited 1×
Appellants were found liable for slander of title after filing a lis pendens on condominium units not involved in their underlying dispute. The court reversed and remanded for a new trial on damages, finding the award was not adequately supported by evidence limiting recovery to
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247 So. 2d 721·
Fla. 2d DCA·
1971-04-30
·cited 1×
Mrs. Edelstein appealed the denial of her motion to set aside a foreclosure judgment on her property. The trial court found her estopped from challenging the foreclosure due to her knowledge of the proceedings, failure to act timely, and allowing the lender to change position to
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383 F.2d 370·
2d Cir.·
1967-08-23
·cited 1×
The court held that counts alleging abuse of process and libel, based on the misuse of legal process and direct publication of a complaint to individuals, were properly pleaded under recent New York law, even without allegations of interference with person or property.
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Fla. 3d DCA·
2026-09-02
A trial court retains jurisdiction to adjudicate claims over which it expressly reserved jurisdiction, even after dismissal of the primary foreclosure claim. Prohibition is not available where the lower court plainly has jurisdiction over the matters before it.
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Del. Ch.·
2026-02-27
Michael Van Horn sought to quiet title to a disputed 50-by-100-foot parcel of land by adverse possession, claiming his family had continuously, openly, and adversely possessed the property since the 1940s. The Delaware Court of Chancery found that Van Horn satisfied all elements
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Del. Ch.·
2026-02-26
This Delaware Court of Chancery decision resolves a dispute over a failed Santa Monica real estate development venture. The plaintiffs invested nearly $8 million as preferred equity in 2023, securing a mandatory redemption by September 2024 and personal guaranties from defendant
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Del. Super. Ct.·
2026-01-28
Wilmington Savings Fund Society sought to confirm a sheriff's sale of residential property securing a defaulted commercial loan. Zachary Pearce challenged the sale on multiple grounds including improper notice, inadequate price, collusion, and bankruptcy stay issues. The court de
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Fla. 3d DCA·
2025-09-10
A notice of lis pendens is improper when the lawsuit's primary purpose is to recover money damages and the action does not directly affect the title to or right of possession of real property. The trial court did not abuse its discretion in dissolving the lis pendens where the co
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S.D. Fla.·
2025-09-05
The Court denied Plaintiff's motion to release a supersedeas bond and for sanctions because it lacked jurisdiction due to pending appeals and the prior remand order.
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S.D. Fla.·
2025-08-27
The Court denies the Buyer's motion to discharge the notice of lis pendens as moot because the lis pendens has expired under Florida law.
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M.D. Fla.·
2025-06-23
Summary judgment is granted for the defendant because the plaintiff failed to show a willful violation of the automatic stay or resulting damages.
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Fla. 4th DCA·
2025-06-11
A life tenant cannot convey a fee simple interest in property and is not entitled to proceeds from an unauthorized sale of the property. The remainderman trust, holding a one-half remainder interest, is entitled to one-half of the sale proceeds.
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M.D. Fla.·
2025-03-14
The court held that service by publication was proper after the plaintiff dismissed its damages claim, and that a notice of action requiring an answer was not deficient.
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Fla. 3d DCA·
2025-02-26
A construction contractor challenging adequacy of a court deposit under section 713.24, Florida Statutes, must establish both irreparable harm and a departure from the essential requirements of law; the trial court did not depart from essential requirements by finding a $121,669.
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M.D. Fla.·
2025-01-15
The court held that the plaintiff failed to sufficiently allege a contract that satisfied the statute of frauds, and promissory estoppel is not a valid alternative claim when the statute of frauds applies.
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S.D. Fla.·
2024-12-30
The court held that a lis pendens must be dissolved because the plaintiff failed to establish a fair nexus between the property and the underlying action, as the claim supporting it was barred by collateral estoppel and federal jurisdiction was precluded by the Rooker-Feldman doc
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Fla. 3d DCA·
2024-10-16
A plaintiff's notice of voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1) is effective upon service and divests the trial court of jurisdiction to vacate it, regardless of the case's administrative "inactive" status. The defendant was estopped from seeking vac
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S.D. Fla.·
2024-04-12
QR Triptych, LLC appealed a bankruptcy court order that enjoined it from seeking in rem relief against commercial property following its sale in bankruptcy. The district court dismissed the appeal as moot, finding that a favorable decision would not provide meaningful relief beca
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S.D. Fla.·
2024-02-06
The court granted the motion to vacate the clerk's default because the defaulting party demonstrated diligence and a lack of willful conduct, and the adversary would not be prejudiced.
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S.D. Fla.·
2023-10-27
The court adopted the magistrate judge's recommendation to dissolve the notices of lis pendens, finding that the plaintiffs failed to establish a sufficient nexus between their claims and the properties in question.
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Fla. 3d DCA·
2023-10-11
This case involves a dispute over quiet title claims to real property. The appellate court reversed a summary judgment, finding that material factual issues precluded the application of a statute that would have shielded mortgagees from suit.
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Fla. 1st DCA·
2023-09-27
This case concerns a malicious prosecution claim brought by a lot owner against a homeowners' association (HOA) and its lawyers. The lot owner alleged the HOA's foreclosure action on unpaid assessments was baseless due to a technical defect in the HOA's recorded declaration. The
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Fla. 3d DCA·
2023-08-30
A trial court has authority to extend a notice of lis pendens beyond the one-year statutory period if the movant provides reasonable notice and establishes good cause, regardless of when the motion is filed. The trial court erred in treating the motion as procedurally barred simp
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M.D. Fla.·
2023-07-21
The Court vacated its prior recommendation to grant the motion to dissolve the notice of lis pendens and deferred ruling, allowing the plaintiff an opportunity to respond to an amended motion.
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S.D. Fla.·
2023-07-20
A bankruptcy estate's chapter 7 trustee and a creditor settled their dispute over a commercial property through a settlement agreement that included cash bond repayment, joint sale of their respective property interests, and mutual releases, and the district court affirmed the ba
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S.D. Fla.·
2023-07-14
The court held that while the plaintiff is not required to immediately remove the lis pendens pending appeal, he must post a supersedeas bond to safeguard the defendants' rights to potential sale proceeds.
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S.D. Fla.·
2023-06-13
The court held that the plaintiff failed to establish a fair nexus between his claims and the properties, thus the notices of lis pendens were improperly filed and must be discharged.
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M.D. Fla.·
2023-05-05
The court recommended denying motions to dismiss as moot, dismissing claims for declaratory or injunctive relief under Younger abstention, staying claims for monetary relief pending state court proceedings, and denying a motion to dissolve a lis pendens without prejudice.
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S.D. Fla.·
2023-03-06
The court held that while the appellant has standing to appeal the sanctions order due to a direct financial stake, the appeal is dismissed because the appellant's arguments are barred by res judicata, collateral estoppel, and mootness, and his due process claims are without meri
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Fla. 3d DCA·
2023-02-24
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Fla. 3d DCA·
2023-02-24
A lis pendens must be discharged when the pending pleading does not show that the action is founded on a duly recorded instrument, and a claim based on circumstances surrounding execution rather than the terms of the instrument does not qualify.
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Fla. 3d DCA·
2023-02-22
The trial court abused its discretion in dismissing the complaint for fraud on the court because it failed to make findings demonstrating clear and convincing evidence of fraud, and the complaint stated sufficient ultimate facts to support claims for equitable lien and unjust enr
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S.D. Fla.·
2022-09-27
The Court held that the appeal was barred by res judicata and constituted a collateral attack on a prior final judgment, affirming the Bankruptcy Court's contempt order.
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Fla. 1st DCA·
2022-06-29
The appellate court affirmed a trial court's summary judgment, ruling that the force majeure clause in a vacant land sale contract did not apply to the buyer's inability to obtain rezoning approval due to the COVID-19 pandemic. The court found the pandemic did not prevent perform
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Fla. 3d DCA·
2022-05-04
Nerja I. Jakubow appeals from an order requiring him to post a $425,000 cash bond to maintain a lis pendens on property, arguing he was entitled to the lis pendens without bonding because the underlying action was based on a duly recorded instrument. The Third District Court of A
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Fla. 3d DCA·
2022-03-23
This is a per curiam affirmance of a lower court decision. The court affirmed based on statutory provisions regarding lis pendens notices, res judicata, collateral estoppel, and procedural requirements for disqualification motions.
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Fla. 4th DCA·
2022-03-23
Frank Walsh appealed a trial court's dismissal of his complaint seeking specific performance for the purchase of a $3.4 million home in Jonathan's Landing, where he claimed a binding contract existed based on emails and text messages between real estate agents. The appellate cour
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Fla. 4th DCA·
2021-12-22
Wilmington Savings Fund Society (Christiana Trust), as successor mortgagee, appeals an order granting rehearing and imposing an equitable lien for receivership fees on a condominium unit. The court reverses, holding that the safe harbor provision of Florida Statutes § 718.116(1)(
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Fla. 2d DCA·
2021-07-28
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Fla. 2d DCA·
2021-06-16
A third-party purchaser who acquires property subject to a superior mortgage interest cannot assert the mortgagor's forgery defense and is estopped from disputing the validity of a facially valid recorded mortgage. A mortgagee proceeding against tenants by the entireties is not r
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The appellate court affirmed a trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized that appellants failed to provide an adequate record for review of factual issues, thus upholding the presumption of correc
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The appellate court affirmed the trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized the appellant's failure to provide a proper trial transcript, which prevented review of factual issues.