SPACE DEVELOPMENT, INC., INDIVIDUALLY AND AS GENERAL PARTNER OF SPACE DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP, PETITIONER,
v.
FLORIDA ONE CONSTRUCTION, INC., A FLORIDA CORPORATION, RESPONDENT
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FARMER, Judge.
We grant the petition for writ of certiorari and remand with instructions to require plaintiff to post a good and sufficient bond or grant defendant’s motion to dissolve lis pendens. We conclude that, even viewing the evidence most favorably to respondent, there is no evidence or showing of any intention that respondent would acquire title to any of the subject real property; and consequently there was no showing of any nexus between the legal or equitable title to the property and respondent’s claims below. See Chiusolo v. Kennedy, 614 So. 2d 491 (Fla. 1993); Acapulco Construction, Inc. v. Reda-vo Estates, Inc., 645 So. 2d 182 (Fla. 3d DCA 1994). Moreover, the failure to require a bond was a departure from the essential requirements of law for which there is no adequate remedy by final appeal. See, e.g., Feinstein v. Dolene, Inc., 455 So. 2d 1126, 1128 (Fla. 4th DCA 1984). CERTIORARI GRANTED; ORDER QUASHED WITH INSTRUCTIONS.
STONE and STEVENSON, JJ., concur.
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Deguzman v. Edda Serrano Balsini, 930 So. 2d 752 (Fla. 5th DCA 2006)…quire Balsini to post a bond would have been a departure from the essential requirements of law. See Medical Facilities Dev., Inc. v. Little Arch Creek Properties; 675 So. 2d 915 (Fla.1996); Space Development, Inc. v. Florida One Construction, Inc., 657 So. 2d 24 (Fla. 4th DCA 1995). However, a lis pendens in this case should not have been filed because there is no connection between Balsini’s litigation to enforce and require payment of child support and the real property [*755] against which she filed the…
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Katz Deli OF Aventura, Inc. v. Waterways Plaza, LLC, 183 So. 3d 374 (Fla. 3d DCA 2013)…foreclose on an equitable lien was proper. In order for a lis pendens to be properly filed, there must be a “nexus between the legal or equitable title to the property and [the plaintiffs] claims below.” Space Dev., Inc. v. Fla. One Constr., Inc., 657 So. 2d 24, 24 (Fla. 4th DCA 1995). This nexus requires that the plaintiffs claim could potentially grant some interest in the realty itself before a lis pendens can be maintained. Okur v. Torres, 816 So. 2d 1222, 1222 (Fla 3d DCA 2002). In Okur, this Court fo…
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Usulu Okur v. Gonzalo Torres and Ana C. Torres, 816 So. 2d 1222 (Fla. 3d DCA 2002)…n that this provision does no more than limit the recovera-bility of damages and does not involve a potential interest of the tenants in the realty itself, as is essential for a lis pen-dens. See Space Development, Inc. v. Florida One Constr., Inc., 657 So. 2d 24 (Fla. 4th DCA 1995). Because there is therefore no underlying ground for the lis pendens,2 the order under review, which denied the landlord’s motion to dissolve it, is reversed and the cause remanded with directions to strike the lis pendens in que…
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- Chiusolo v. Kennedy, 614 So. 2d 491 (Fla. 1993)
- Acapulco Constr., Inc. v. Redavo Ests., Inc., 645 So. 2d 182 (Fla. 3d DCA 1994)
- Feinstein v. Dolene, Inc., 455 So. 2d 1126 (Fla. 4th DCA 1984)