ALICIA PENABAD AND NOVEL PENABAD, APPELLANTS,
v.
A.G. GLADSTONE ASSOCIATES, INC., A FLORIDA CORPORATION SOUTH HAMPTON BEACH, LTD., A FLORIDA LIMITED PARTNERSHIP, LYNN SIMMS, INDIVIDUALLY, AND ROBERT AND KATHRYN WEYERS, INDIVIDUALLY AND AS HUSBAND AND WIFE, APPELLEES
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PER CURIAM.
This is a petition for certiorari and an appeal from an order denying Alicia Penabad’s motion to dissolve a lis pen-dens, which have been consolidated for purposes of this appeal. We dismiss this appeal for lack of standing. At the time of the underlying motion, Alicia Penabad had no ownership interest in the subject property because she had executed a quit claim deed transferring her interests to a third party. See Stas v. Posada, 760 So. 2d 954, 955 (Fla. 3d DCA 1999) (appellant with no ownership interest in property was not affected by order and thus precluded from seeking appellate review). Furthermore, Novel Penabad was not a party to the underlying motion to dissolve a lis pendens and, therefore, also has no standing here. See Credit Indus. Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla.1953) (general rule on appeal is that party may appeal only from decision adverse to him).
Appeal dismissed.
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Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 534 (Fla. 3d DCA 2012)…'l Health Investors, Inc., 876 So. 2d 580, 580-81 (Fla. 1st DCA 2004) (dismissing appeal as person filing appeal “was not a party to the proceedings below” and, therefore, “cannot participate in appellate review”); Penabad v. A.G. Gladstone Assocs., 823 So. 2d 146, 147 (Fla. 3d DCA 2002) (dismissing appeal for lack of standing because individual filing appeal “was not a party to the underlying motion to dissolve lis pendens”); Cf. Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482, 489 (Fla. 3d DCA 2000) (holdi…
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Bankers Lending Servs., Inc. v. Regents Park Invs., LLC, 225 So. 3d 884 (Fla. 3d DCA 2017)…aim deed to the parcels in dispute. The quitclaim deed, though dated July 1, 2012, was recorded by Infill in April 2016 as part of its mortgage loan and forbearance, agreement with Bankers Lending. Citing Penabad v. A.G. Gladstone Associates, Inc., 823 So. 2d 146 (Fla. 3d DCA 2002), Regents persuaded the trial court that Infill, not Bankers Lending, was the owner and no bond should be required as a condition of reinstating the lis pendens. The trial court thus granted Regents’ motion to reinstate the lis pen…
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FCD Dev., LLC v. S. Fla. Sports Comm., Inc., 37 So. 3d 905 (Fla. 4th DCA 2010)…66, 1167 (Fla. Bd DCA 2008) (citing S & T Builders v. Globe Props., Inc., 944 So. 2d 302, 304 (Fla.2006)). To have standing with regard to a lis pendens action, one must have ownership rights in the property. Penabad v. A.G. Gladstone Assocs., Inc., 823 So. 2d 146, 147 (Fla. 3d DCA 2002). Because SFSC incurred potential damages while the underlying suit was pending, and subsequently filed its motion to recover damages against the lis pendens bond in October 2006, while it still owned the property (it quitcla…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rivas v. Prof'l Prot. & Investigations Agency, Inc. (Fla. 3d DCA 2023)
- Karin M. Stas v. Posada, 760 So. 2d 954 (Fla. 3d DCA 1999)
- Credit Indus. Co. v. Remark Chem. Co., Inc., 67 So. 2d 540 (Fla. 1953)