POWERLINE DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, PETITIONER,
v.
ISAAC ASSOR, JOSE BENTOLILA, MOSES CHACRON AND BERNARD TETNER AND VEN POWER, N.V., A NETHERLANDS ANTILLES CORPORATION, RESPONDENTS
PER CURIAM.
The instant petition for certiorari challenges the refusal to dissolve a lis pendens. The orders under review are quashed because the underlying action, which concerns allegedly fraudulent transactions involving interests in the petitioner-corporation which owns the property, does not directly affect the realty itself and therefore cannot justify the maintenance of a lis pendens upon it. Sunrise Point, Inc. v. Foss, 373 So. 2d 438 (Fla. 3d DCA 1979), cert. denied, 374 So. 2d 99 (Fla.1979); Hallmark Manufacturing, Inc. v. Lujack Construction Co., Inc., 372 So. 2d 520 (Fla. 4th DCA 1979); Worldwide Development-Kendale Lakes West v. Lot Headquarters, Inc., 305 So. 2d 271 (Fla. 3d DCA 1974); Beefy King International, Inc. v. Veigle, 464 F. 2d 1102 (5th Cir.1972).
Certiorari granted.
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Hamid A. Baghaffar v. Story, 515 So. 2d 1373 (Fla. 5th DCA 1987)…83); Finney v. Wonder Development Corp., 392 So. 2d 583 (Fla. 5th DCA 1981). . When a complaint does not support a direct claim against property which is burdened by a lis pendens, it should be discharged. See Power-line Development Corp. v. Assor, 458 So. 2d 305 (Fla. 3d DCA 1984); Tortu v. Tortu, 430 So. 2d 531 (Fla. 4th DCA 1983); Lake Placid Holding Co. v. Paparone, 414 So. 2d 564 (Fla. 2d DCA 1982). See also Beefy King International, Inc. v. Veigle, 464 F. 2d 1102 (5th Cir.1972) (assuming the solvency o…
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Blue Star Palms, LLC v. LED Tr., LLC, 128 So. 3d 36 (Fla. 3d DCA 2012)…ged contract, legal title to the condominium units would be held by the Blue Star entities, with any ownership interest in the properties two levels removed (as membership interests in the parent company). As in Powerline Development Corp. v. Assor, 458 So. 2d 305, 306 (Fla. 3d DCA 1984), where the plaintiff alleged fraudulent transactions involving interests in a corporation, the respondents here have brought an action seeking to have their alleged membership interests in Blue Star recognized. While the resp…
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Ness Racquet Club, LLC v. Renzi Holdings, Inc., 959 So. 2d 758 (Fla. 3d DCA 2007)…conditions against the realty....” Sunrise Point v. Foss, 373 So. 2d 438, 439 (Fla. 3d DCA 1979)(quashing order denying motion to discharge lis pendens, as a departure from the essential requirements of law); see also Powerline Dev. Corp. v. Assor, 458 So. 2d 305, 306 (Fla. 3d DCA 1984)(a claim which “does not directly affect the reality itself cannot justify the maintenance of a lis pendens upon it”). Although this court has held that “a claim for an equitable lien may support the imposition of a lis pen-de…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Beefy King Int'l, Inc. v. Veigle, 464 F.2d 1102 (5th Cir. 1972)
- Levitt v. Vermuccio, 373 So. 2d 438 (Fla. 3d DCA 1979)
- Wood v. Winters Gov't Sec. Corp., 372 So. 2d 520 (Fla. 4th DCA 1979)
- Worldwide Development-Kendale Lakes W. v. LOT Headquarters, Inc., 305 So. 2d 271 (Fla. 3d DCA 1974)