Moss v. Arca Development, Inc., 96-3196
Decision Date | 05 February 1997 |
Docket Number | No. 96-3196,96-3196 |
Citation | 687 So.2d 70 |
Parties | 22 Fla. L. Weekly D365 William MOSS, etc., et al., Petitioners, v. ARCA DEVELOPMENT, INC., Respondent. |
Court | Florida District Court of Appeals |
Glenn R. Miller, North Miami, for petitioners.
Rollnick & Linden and Neil Linden and Ignacio E. Arango, Coral Gables, for respondent.
Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.
We treat this petition for certiorari review of an order discharging a lis pendens as a non-final appeal, see Bardino v. Bardino, 670 So.2d 183 (Fla. 3d DCA 1996), and reverse the order below because, whatever the merits of the petitioners' claims to the subject realty, their action is "founded on" an "instrument," a quit claim deed to their deceased parent, which was "duly recorded" in the public records of Dade county. Under section 48.23(3), Florida Statutes (1995), 1 they are therefore entitled to maintain a lis pendens providing record notice of this litigation, as a matter of right. See American Legion Community Club v. Diamond, 561 So.2d 268 (Fla.1990); Kent v. Kent, 431 So.2d 279 (Fla. 5th DCA 1983).
Reversed.
1 (3) When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.
To continue reading
Request your trial-
AVALON ASS. OF DEL. LIMITED v. AVALON PARK ASS. INC.
...has already clouded the title. Kent v. Kent, 431 So.2d 279 (Fla. 5th DCA 1983) (Cowart, J., concurring specially). See, e.g., Moss, 687 So.2d at 70 (suit by plaintiff claiming rights to realty founded on a quit claim deed of record); Stinnett v. Dodson, 575 So.2d 1350 (Fla. 2d DCA 1991) (su......
-
Petkovich v. Sandy Point Condo. Apartments Ass'n, Inc.
...until the action has been concluded, regardless of "the merits of [his or her] claims to the subject realty." Moss v. Arca Dev., Inc., 687 So. 2d 70, 70 (Fla. 3d DCA 1997). Conversely, "[w]hen the pending pleading does not show the action is founded upon a duly recorded instrument[,] ... th......
-
Panamericano of SD, Inc. v. SUNCOAST BAY DEVEL., INC.
...1st DCA 1998) (reviewing an order discharging notice of lis pendens as an interlocutory appeal of a nonfinal order); Moss v. Arca Dev., Inc., 687 So.2d 70 (Fla. 3d DCA 1997) (treating a petition for writ of certiorari to review an order discharging a lis pendens as a nonfinal appeal); Med. ......
-
Angler's Reef Prop. Owners' Ass'n v. Guirm Inv. LLC
...that this provision of the rule provides the Court with jurisdiction to review trial court orders discharging lis pendens. See, e.g., Moss, 687 So.2d 70 ; Bardino, 670 So.2d 183 ; Acapulco Constr., 645 So.2d 182. Here, although ARPOA's notice of appeal does state that it appeals all three o......