JUAN PEREZ, AS ADMINISTRATOR OF THE ESTATE OF JOHNNY PEREZ, A MINOR, DECEASED, APPELLANT,
v.
MIRIAM J. PEARL AND K.S.T.O. CORPORATION, APPELLEES
JUAN PEREZ, AS ADMINISTRATOR OF THE ESTATE OF JOHNNY PEREZ, A MINOR, DECEASED, APPELLANT,
MIRIAM J. PEARL AND K.S.T.O. CORPORATION, APPELLEES
411 So. 2d 972
Florida District Court of Appeal, Third District (1982)
Caution
Cited by 2 cases
Opinion of the Court
NESBITT, Judge.
Like the threat of a lawsuit or the filing of a complaint, a judgment establishing liability but not determining or fixing any monetary amount of damages does not constitute a cognizable lien pursuant to Section 55.10, Florida Statutes (1979). It is simply an expectancy.
Affirmed.
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Bakalarz v. Luskin, 560 So. 2d 283 (Fla. 4th DCA 1990)…or the granting of a rehearing if the evidence goes to the heart of the issue and is not merely cumulative or impeaching. Cf. Ragen v. Paramount Hudson, Inc., 434 So. 2d 907 (Fla. 3d DCA 1983), rev. denied, 444 So. 2d 417 (Fla.1984); Perez v. Pearl, 411 So. 2d 972 (Fla. 3d DCA 1982); Dade Nat’l. Bank of Miami v. Kay, 131 So. 2d 24 (Fla. 3d DCA), cert. denied, 135 So. 2d 746 (Fla.1961). We deem to be inapposite those cases which recognize that there is constructive notice of the contents of duly recorded docu…
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Penzell v. M & M Constr. Grp. Corp., 915 So. 2d 194 (Fla. 3d DCA 2005)…herefore takes priority over Penzell’s mortgage. Penzell had actual notice of this judgment and/or was put on notice by the recording of the DEP’s judgment. Penzell and Bank of America also argue, based upon this court’s decision in Perez v. Pearl, 411 So. 2d 972 (Fla. 3d DCA 1982), that the DEP did not have a valid lien against the property sold at the tax sale. Again, we must disagree as we conclude that Perez is inapplicable to the instant case. In Perez we found that a judgment establishing liability but…