SHARON MOORE BODE
v.
WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC.
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A lis pendens must be discharged when the pending pleading does not show that the action is founded on a duly recorded instrument, and a claim based on circumstances surrounding execution rather than the terms of the instrument does not qualify.
[1] An order discharging a lis pendens is generally reviewed for an abuse of discretion.
[2] Statutory construction and pure questions of law are reviewed de novo.
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Join FLexlaw to unlock all legal intelligence“When the pending pleading does not show that the action is founded on a duly recorded instrument . . . the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions”
Florida Statute § 48.23(3)
Sharon Moore Bode and Roberto Bode filed an action and recorded a lis pendens. The trial court granted Wilmington Savings Fund Society's emergency mot…
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PER CURIAM.
Sharon Moore Bode and Roberto Bode appeal the trial court’s order granting an emergency motion to discharge lis pendens. An order discharging a lis pendens is generally reviewed for an abuse of discretion, India Am. Trading, Co. v. White, 896 So. 2d 859, 860 (Fla. 3d DCA 2005), but statutory construction and pure questions of law are reviewed de novo. LB Judgment Holdings, LLC v. Boschetti, 271 So. 3d 115, 118 (Fla. 3d DCA 2019). Upon our review, we find no error in the trial court’s order discharging the lis pendens in the instant case, and affirm.1 See § 48.23(3), Fla. Stat. (2022) (“When the pending pleading does not show that the action is founded on a duly recorded instrument . . . the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions”); Petkovich v. Sandy Point Condo. Apts. Ass’n, Inc., 325 So. 3d 201, 204 (Fla. 3d DCA 2021) (holding petitioner was not entitled to lis pendens as a matter of right—i.e., as founded on a duly recorded instrument under section 48.23—because his claim was not based “upon the terms and provisions of the instruments” but instead was based “upon the
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bode v. Wilmington Sav. Fund Soc'y, FSB, 325 So. 3d 201 (Fla. 3d DCA 2023)…lis pendens is generally reviewed for an abuse of discretion, India Am. Trading, Co. v. White, 896 So. 2d 859, 860 (Fla. 3d DCA 2005), but statutory construction and pure questions of law are reviewed de novo. LB Judgment Holdings, LLC v. Boschetti, 271 So. 3d 115, 118 (Fla. 3d DCA 2019). Upon our review, we find no error in the trial court’s order discharging the lis pendens in the instant case, and affirm.1 See § 48.23(3), Fla. Stat. (2022) (“When the pending pleading does not show that the action is foun…1 / 2
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Nerja I. Jakubow v. Jakubow (Fla. 3d DCA 2022)…713 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.”); Petkovich v. Sandy Point Condo. Apartments Ass'n, Inc., 325 So. 3d 201, 203 (Fla. 3d 3 DCA 2021) (citing Am. Legion Cmty. Club v. Diamond, 561 So. 2d 268 (Fla. 1990)). Petition denied.…
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High Rd. Constr. Inc. v. Peegz I, LLC (Fla. 3d DCA 2025)…final appeal. See generally Farrey's Wholesale Hardware Co. v. Coltin Elec. Servs., LLC, 263 So. 3d 168, 179 (Fla. 2d DCA 2018). It is also available to review a wrongful discharge of a lis pendens. Petkovich v. Sandy Point Condo. Apartments Ass’n, 325 So. 3d 201, 202 n.1 (Fla. 3d DCA 2021). When a transfer of a lien to a court deposit has occurred pursuant to section 713.24, the court, upon proper motion, has the responsibility to ensure the sufficiency of the deposit “to pay the lienor's attorney fees and…
Authorities Cited
- Am. Legion Cmty. Club v. Murray Diamond, 561 So. 2d 268 (Fla. 1990)
- Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)
- India Am. Trading Co., Inc. v. White, 896 So. 2d 859 (Fla. 3d DCA 2005)
- LB Judgment Holdings v. Boschetti, 271 So. 3d 115 (Fla. 3d DCA 2019)
- Bode v. Wilmington Sav. Fund Soc'y, FSB, 325 So. 3d 201 (Fla. 3d DCA 2023)