AIDA MACHADO, CLAUDIA MACHADO, JAVIER MACHADO AND JESUS MACHADO, APPELLANTS,
v.
FOREIGN TRADE, INC. AND ALEX LITMAN, APPELLEES
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The court reversed the trial court's denial of a motion to discharge a lis pendens filed in an impleader action for fraudulent transfer, holding that a lis pendens cannot attach to unspecified properties and that even if properties were specified, a bond would be required.
A lis pendens filed in an impleader complaint alleging fraudulent transfer but describing no specific properties cannot be maintained, and discharge must be granted.
[1] A lis pendens filed in an impleader action for fraudulent transfer must be discharged when the underlying complaint fails to describe or seek relief against specific prop…
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Join FLexlaw to unlock all legal intelligenceAfter obtaining a money judgment, the plaintiff filed an impleader complaint against the judgment debtor's relatives alleging fraudulent transfer of u…
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PER CURIAM.
Subsequent to receiving a money judgment, the plaintiff filed in the original action an impleader complaint against certain of the judgment debtor’s relatives alleging a fraudulent transfer of assets (which were not described) and seeking money damages. Thereafter, the plaintiff filed a Lis Pendens listing certain specific properties, both real and personal. The impleaded defendants moved to discharge the Lis Pen-dens. The trial court denied same and a petition for certiorari was filed in this court, which we treat as a non-final appeal. See Munilla v. Espinosa, 533 So. 2d 895 (Fla. 3d DCA 1988), Case No. 88-1139, opinion filed November 8, 1988.
The impleader complaint not describing or seeking any relief against specific properties,1 it was error to deny the motion to discharge. We therefore reverse the order under review with directions to grant same.
. The plaintiffs original claim not arising out of a document entitled to be recorded, even if the impleader complaint did describe particular property, it would have been appropriate, upon motion, to require a bond, the same as required in the issuance of a temporary injunction. Ross v. Breder, 528 So. 2d 64 (Fla. 3d DCA 1988); Feinstein v. Dolene, Inc., 455 So. 2d 1126 (Fla. 4th DCA 1984); Mohican Valley, Inc. v. MacDonald, 443 So. 2d 479 (Fla. 5th DCA 1984).
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Citator
Cited By
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Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc., 656 So. 2d 1300 (Fla. 3d DCA 1995)…andatory. See Porter Homes, Inc. v. Soda, 540 So. 2d 195, 196 (Fla. 2d DCA 1989) (where a lis pendens is not founded upon a lawsuit involving a recorded instrument, section 48.23(3) “requires the posting of a bond.”); Machado v. Foreign Trade, Inc., 537 So. 2d 607, 607 n. 1 (Fla. 3d DCA 1988) (“The plaintiffs original claim not arising out of a document entitled to be recorded, ... it would have been appropriate, upon motion, to require a bond, the same as required in the issuance of a temporary injunction.”)…
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M.G. Marine Supply Corp. v. Foreign Trade, Inc., 537 So. 2d 696 (Fla. 3d DCA 1989)…SCHWARTZ, Chief Judge. This petition for certiorari from an order denying a motion to dissolve a lis pendens on specified real estate is treated as a non-final appeal. Machado v. Foreign Trade, Inc., 537 So. 2d 607 (Fla. 3d DCA 1988); Munilla v. Espinosa, 533 So. 2d 895 (Fla. 3d DCA 1988). As we did in a previous consideration of the efficacy of the same lis pendens initiated by other parties, Machado, 537 So. 2d at 607, we reverse. We do so for two separate…
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Cont'l Sales, Inc. v. River Marine Terminal, Inc., 579 So. 2d 164 (Fla. 3d DCA 1991)…A 1965). Levy and Goderich, JJ., concur. Ferguson, J. would grant the petition on the authority of Sparks v. Charles Wayne Group, 568 So. 2d 512 (Fla. 5th DCA 1990), Ross v. Breder 528 So. 2d 64 (Fla. 3d DCA 1988) and Machado v. Foreign Trade, Inc., 537 So. 2d 607 (Fla. 3d DCA 1988).…
Authorities Cited
- Ross v. Breder, 528 So. 2d 64 (Fla. 3d DCA 1988)
- Munilla v. Evelio S. Espinosa and Henry Betancourt, 533 So. 2d 895 (Fla. 3d DCA 1988)
- Feinstein v. Dolene, Inc., 455 So. 2d 1126 (Fla. 4th DCA 1984)
- Mohican Valley, Inc. v. MacDONALD, 443 So. 2d 479 (Fla. 5th DCA 1984)
- Watts v. State, 443 So. 2d 479 (Fla. 5th DCA 1984)