OTIS WILSON, APPELLANT (DEFENDANT),

v.

STATE OF FLORIDA, APPELLEE (STATE)

Citator

Cited By (12 total)

• Cacaro v. Swan, 394 So. 2d 538 (Fla. 4th DCA 1981)
  …de applicable to a lis pendens. Our sister court has held that a notice of lis pendens such as the one involved here may not be filed without a prior court hearing consistent with all requirements for the issuance of an injunction. Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976) and see the dissent in Musselwhite v. Raimey, 348 So. 2d 330 (Fla. 1st DCA 1977). For several reasons we do not so interpret the statute. First, a lis pendens is not an injunction nor is it the equivalent of an injunction. While…
• Kent v. Kent, 431 So. 2d 279 (Fla. 5th DCA 1983)
  …So. 2d 438 (Fla. 3d DCA 1979), cert. den. 374 So. 2d 99 (Fla.1979); CAM Corp. of Broward v. Goldberger, 368 So. 2d 56 (Fla. 4th DCA 1979), cert. den. 378 So. 2d 343 (Fla.1979); Dominguez v. Lopez, 346 So. 2d 627 (Fla. 3d DCA 1977); Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976). . See Fla.R.Civ.P. 1.130(a). See also Glusman v. Warren, 413 So. 2d 857 (Fla. 4th DCA 1982).…
• Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982)
  …d instrument. The asserted right in this case arose from an unrecorded contract, so it was not so founded. ■ We turn to the impact of Section 48.23(3) upon a lis pendens when the action is not founded upon a recorded instrument. In Kirk v. Baumann, 336 So. 2d 125 (Fla. 2d DCA 1976), the Second District Court of Appeal held that a lis pendens could not be filed under these circumstances without a prior order of court. We think that the better view is that of Cacara v. Swan, 394 So. 2d 538 (Fla. 4th DCA 1981):…

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Authorities Cited

• Berry v. State, 316 So. 2d 72 (Fla. 1st DCA 1975)