Florida/Georgia Personal Injury & Workers Compensation

...d opportunity for a hearing. We reaffirm the holding in Lamar that due process requires reasonably prompt proceedings in forfeiture actions. To the extent that Lamar can be read to be inconsistent with today's decision, we recede therefrom. [17] See § 48.23, Fla....

...of lis pendens as "[a] notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment.") (emphasis added); Fla. Stat. Ann. § 48.23(1)("(a) No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby until a notice of the commencement of the action is recorded in the o...

...[4] The lis pendens statute provides: When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23(3), Fla....

...s issues raised in the main appeal. The second, third and fourth elements are not in dispute in this case. [5] An example of an improperly filed notice of lis pendens in a procedural sense would be the filing of a defective notice under the statute. Section 48.23(1)(a), Florida Statutes (1983), requires a number of items to appear on the face of the notice....

...See Allington Towers; W. Prosser, Handbook of the Law of Torts § 128 (4th ed. 1971). [6] The trial court is given a limited amount of discretion to control a notice of lis pendens. If the action is not founded on a recorded instrument or a mechanic's lien, section 48.23(3) gives the courts the same authority to control and discharge a notice of lis pendens as they have to grant and dissolve injunctions. In the present case, the notice was defective on its face in that it failed to indicate the time the action was instituted and it did not contain a statement of the relief sought as to the property. § 48.23(1)(a), Fla....

...*426 HURLEY, Judge. We are asked in this appeal to determine whether claims for slander of title and tortious interference with a contractual relationship may be predicated upon the filing of a notice of lis pendens which contained information permitted by Section 48.23(1)(a), Florida Statutes (1975)....

...was based upon a recorded instrument. Thus, we answer in the negative. In 1974 appellants filed an action to establish the existence of an easement over appellees' property. At the same time, appellants filed a notice of lis pendens [1] pursuant to Section 48.23, Florida Statutes (1973)....

...Appellants contend that a proper notice of lis pendens, based on a recorded instrument and filed pursuant to Florida law, is a publication much like a pleading or other statement made in the course of a judicial proceeding and therefore, they argue, it enjoys the same immunity. We agree. Subsection (1)(a) of Section 48.23, Florida Statutes (1973) states: No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby until a notice of the commencement of t...

...These cases are in conflict over the question of whether a lis-pendens bond is required or, if discretionary, what standard a trial court should use to determine if a bond is required, when a notice of lis pendens is not based upon a duly recorded instrument or a construction lien and is thus governed by section 48.23(3), Florida Statutes (1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We resolve this conflict by holding that in situations governed by section 48.23(3), it is within the trial court's discretion to determine whether to require the lis-pendens proponent to post a bond when the property-holder defendant can show that damages will likely result to that defendant in the event the notice of lis pendens is unjustified....

...Thereafter, the trial court ordered Medical Facilities to post a $1 million bond. Medical Facilities posted the bond and filed a nonfinal appeal challenging Little Arch's entitlement to the bond as well as the amount of the bond. The Third District Court of Appeal affirmed. The court first turned to section 48.23(3), Florida Statutes (1993), which governs a notice of lis pendens when the initial pleading does not show that the action is founded upon a duly recorded instrument or construction lien. [1] This section permits the trial court to control and discharge the notice of lis pendens in the same manner that a court may grant and dissolve injunctions. See § 48.23(3)....

...While the term "lis pendens" literally implies a pending suit, it is defined as the jurisdiction, power, or control which courts acquire over property involved in a pending suit. See DePass v. Chitty, 90 Fla. 77, 105 So. 148 (1925). A notice of lis pendens or actual notice filed on the public records, see § 48.23(1)(a), Fla....

...The notice will often prevent the property holder from selling or mortgaging the property. See Medical Facilities, 656 So.2d at 1305. Since the wrongful filing of a notice of lis pendens can be damaging, courts have interpreted the statutory reference to injunctions in section 48.23(3), Florida Statutes, to mean that a bond may be required....

...he mortgage foreclosure proceedings initiated by First Horizon Home Loans, as successor-in-interest to First Horizon Home Loan Corporation (“First Horizon”). The trial court denied intervention, concluding Appellants’ motion was untimely under section 48.23(l)(b), Florida Statutes (2008). 1 Appellants contend that section 48.23(l)(b), a lis pendens statute allowing the holders of unrecorded property interests only twenty days from the recording date of the lis pendens to intervene in an action affecting property, unconstitutionally conflicts with Florida Rule...

...Appellants also sought to conduct discovery to determine whether First Horizon knew or should have known of their interests in the properties. First Horizon opposed Appellants’ motion, arguing Appellants were beyond the twenty-day window allowed for intervention established by section 48.23(1)(b). The trial court agreed and denied the motion to intervene. Appellants sought rehearing, arguing that section 48.23(l)(b) unconstitutionally conflicts with Florida Rule of Civil Procedure 1.230, which authorizes intervention “at any time.” More specifically, Appellants argued that section 48.23(l)(b) usurps the Florida Supreme Court’s rulemaking authority....

...As a result, a party “ ‘who challenges the constitutional validity of a statute bears a heavy burden of establishing its invalidity.’ ” Dickerson v. State, 783 So.2d 1144, 1146 (Fla. 5th DCA 2001) (quoting Wright v. State, 739 So.2d 1230, 1231 (Fla. 1st DCA 1999)). Appellants argue that section 48.23(l)(b), violates the principle of separation of powers by infringing on the rule-making authority of the Florida Supreme Court....

...ear that the Legislature is empowered to enact substantive law, while the supreme court has the authority to enact procedural rules. See Allen v. Butterworth, 756 So.2d 52, 59 (Fla.2000). The issue that we must resolve is whether the 2008 version of section 48.23(l)(b) is a procedural statute that im-permissibly encroaches on the Florida Supreme Court’s rulemaking authority, or a substantive statute properly within the purview of the Legislature....

...s quo of interest in property and does not create substantive right). However, in Florida, the doctrine of lis pendens, although derived from the common law, is wholly statutory and includes matters well beyond simply maintaining the status quo. See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.2d at 497 ; Henry P. Trawick Jr., Trawick’s, Fla. Practice & Procedure § 8:31 (2007-2008 ed.). Of importance here, section 48.23(l)(b) bars holders of unrecorded interests in the property from enforcing their interests against the property if they do not intervene in pending litigation within twenty days of the filing and recording of the notice of lis pendens, provided that the property is later sold at a judicial sale....

...behind *1253 the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent. Macola v. Gov’t Employees Ins. Co., 953 So.2d 451, 457 (Fla.2006). From its clear language, it appears that while section 48.23(l)(b) has procedural aspects, it also appears to operate as a substantive nonclaim statute or a statute of repose....

...nt his or her claim as provided in the statute. In other words, the language creating a nonclaim statute must indicate clearly that a failure to comply with its terms bars the claim. 51 Am. Jur.2d Limitations of Actions § 11 (2010). We believe that section 48.23(l)(b) operates as a substantive nonclaim statute because it is a self-contained statute that automatically bars enforcement against the property by the holder of the unrecorded interest after the prescribed twenty-day period, provided that the litigation proceeds to final judgment and judicial sale....

...of Mid-Am., ACA, 684 N.E.2d 1137 (Ind.1997); see also Black’s Law Dictionary 1421 (7th ed. 1999) (defining “nonclaim statute” as “law extinguishing a claim that is not timely asserted, esp. in the context of another proceeding”). Similarly, section 48.23(l)(b) acts as a statute of repose....

...of Fla. v. 2275 West Corp., 905 So.2d 189 (Fla. 3d DCA 2005). Unlike a common-law notice of lis pendens, which is simply a procedural device designed to protect the status quo until a party’s substantive rights in an item of property can be determined, section 48.23(l)(b) affects the substantive property rights of unrecorded interest holders by barring their cause of action after the prescribed period and discharging their unrecorded liens and interests if they do not intervene within twenty days of the recording and the property is later sold at a judicial sale....

...260 , 862 P.2d 395, 397-98 (1993) (“The right to retain a lien until the debt secured thereby is paid is a substantive property right. Therefore, the discharge of a lien amounts to deprivation of a substantive property right.”). We conclude that section 48.23(l)(b), Florida Statutes (2008), is substantive and that any procedural provisions contained within it are intimately related to the definition of those substantive rights....

...Hartford Accident & Indemnity Ins. Co., 439 So.2d 880 (Fla.1983) (holding that statute that prohibited joinder of insurers was within Legislature’s power to regulate insurance industry, though it affected join-der of parties in courts). For these reasons, we determine that section 48.23(l)(b) does not violate Article V, section 2(a) of the Florida Constitution, and affirm the trial court’s order denying intervention. 6 AFFIRMED. TORPY and JACOBUS, JJ., concur. . While our opinion deals with the 2008 version of the statute, the Florida Legislature amended section 48.23 to provide a longer thirty-day intervention period....

...dens warrants *282 further discussion because I agree with the dissenting view of Judge Anstead in Boca Raton Land Development, Inc. v. Sparling, 397 So.2d 1053, 1054 (Fla. 4th DCA 1981). There is a good and simple reason for the distinction made by Section 48.23(3), Fla....

...pendens acts in the nature of a temporary injunction or restraining order to summarily grant a remedy that is effective to prevent the defendant from selling his property interest to a good faith purchaser for value. This is why, in this situation, Section 48.23(3), Fla. Stat. (1981), purports to give the court the same control over the lis pendens which the court has over injunctions. Likewise, this is why Section 48.23(2), Fla....

...d. Appellants' cause of action to set aside the allegedly wrongful conveyance of trust property is based on appellants' rights as beneficiaries under two declarations of trust. Those declarations of trust were attached to the "initial pleading" (see § 48.23(3), Fla....

...operty in question, subject, perhaps, only to verification of these allegations, appellants appear to be entitled to a temporary injunction or a lis pendens to prevent a transfer pendente lite to a good faith purchaser subject to court control under Section 48.23(3), Fla....

...We grant the writ, reverse ourselves, recede from Florida Peach and order that the lis pendens be stricken from the record unless a bond in the amount previously ordered has been posted. Writ granted. ORFINGER, C.J., and COBB, FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur. NOTES [1] § 48.23(3), Fla....

...ms of the Agreement were not clear, definite, certain and complete in all of their essential terms, specific performance of the Agreement was not warranted. The trial court further found that the lis pendens statutorily expired on March 12, 2005 per section 48.23, Florida Statutes....

...The trial court granted the ore tenus motion and thus, this fully executed copy of the Agreement is the version that constitutes the binding contract between the parties. [2] The trial court correctly found that the Notice of Lis Pendens in this case expired on March 12, 2005. See § 48.23(2), Fla....

...initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23(3), Fla....

...in an amount the court deems proper, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined. Fla. R. Civ. P. 1.610(b). We have interpreted the statutory reference to injunctions in section 48.23(3) of the Florida Statutes to authorize a trial court to require the posting of a bond because a notice of lis pendens "will often prevent the property holder from selling or mortgaging the property." Med....

...the recovering of such injunction are properly a part of his damage. Wittich v. O'Neal, 22 Fla. 592, 598-99 (1886). Since the attorney's fees incurred in obtaining the dissolution of an injunction are recoverable from a surety bond, we conclude that section 48.23 of the Florida Statutes similarly permits a recovery of the attorney's fees incurred in obtaining a discharge of a lis pendens. See § 48.23(3), Fla....

...ond, it logically follows that a trial court possesses the discretion to include foreseeable attorney's fees in determining the amount of the bond. See generally Willys-Overland, *306 138 So. at 26. Therefore, pursuant to the authorizing language in section 48.23 of the Florida Statutes, we conclude a trial court is similarly authorized to include attorney's fees that foreseeably may be incurred in discharging a lis pendens in a lis pendens bond. See § 48.23(3), Fla....

...In the answer filed September 16, 1977, in the Miller-Ackley foreclosure action, the Ackleys alleged that they had vacated the property in question on or about August 1, 1977. After this date, no notice of their rights could be imputed from possession. This really does not matter in this case because, under section 48.23(2), Florida Statutes, the lis pendens filed July 13, 1977 in the Miller-Ackley foreclosure action was effectual until July 14, 1978, but not thereafter, to give constructive notice of the matters involved in that action....

...The general issue is whether the trial court departed from the essential requirements of law when it denied petitioner's motion to have respondent's lis pendens controlled as if an injunction, and denied petitioner's motion for rehearing. The governing statute is section 48.23(3), which provides: When an initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...a duly recorded instrument. See also Hough v. Bailey, 421 So.2d 708 (Fla. 1st DCA 1982). Further, we believe Mohican Valley correctly states the law, as does Glusman v. Warren ; and that the trial court erred in its ruling. The essential idea behind section 48.23(3) is that if it was already clear to the public before the suit was filed that there was a cloud on the property being sued about, because of a recorded instrument showing an interest of the plaintiff, there was no reason to require a bond or otherwise to control or to discharge the lis pendens....

...of the next business day. The petitioners contend that the trial court departed from the essential requirements of the law in two respects. First, that the complaint was based on a duly recorded instrument so that the trial court lacked the power to impose a bond under Section 48.23(3), Florida Statutes (1979), and second, that the trial court should have taken evidence on the issue of the amount and terms of an indemnity bond sufficient to protect the respondents from a wrongful continuation of the lis pendens....

...3d DCA 1989), in which the Third District Court of Appeal certified the following question as one of great public importance: WHETHER A SUIT TO SET ASIDE A CONVEYANCE OF REAL PROPERTY IS AN ACTION "FOUNDED ON A DULY RECORDED INSTRUMENT" AS SET FORTH IN SECTION 48.23, FLORIDA STATUTES (1985), AUTHORIZING THE MAINTENANCE OF A NOTICE OF LIS PENDENS AS OF RIGHT....

...We have jurisdiction. [1] We answer the question in the negative. The real issue in this cause concerns the circumstances under which a lis pendens [2] is allowed to remain in effect as of right beyond one year. To answer this question, we must construe section 48.23, Florida Statutes (1985), which states, in pertinent part: (2) No notice of lis pendens is effectual for any purpose beyond 1 year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded instrument ......

...The question we must determine is whether the amended complaint in Suit II, which sought to void the warranty deed on the ground that the officers did not comply with American Legion Community Club's constitution, rules and regulations, and by-laws, is an action founded on a duly recorded instrument pursuant to section 48.23....

...surrounding the execution of that deed. If the minority view were followed, a notice of lis pendens would, for all practical purposes, remain in effect beyond one year as of right whenever real property was involved, contrary to the clear intent of section 48.23....

...ective for only one year, Diamond was placed on constructive notice of the pending litigation between American Legion Community Club, American Legion Department, and Del Rossi, subjecting Diamond to that outcome. We find no merit in this contention. Section 48.23(2) clearly states: "No notice of lis pendens is effectual for any purpose beyond 1 year......

...to file the necessary notices in a timely fashion. The complaint does not attribute any fault to the defendant in this respect. [2] We should point out that neither party had raised either before the trial court or before this Court the existence of Section 48.23(3) Fla....

...center. He then filed a notice of lis pendens. Petitioners filed an emergency motion to discharge the lis pendens citing the pending closing on the sale and arguing that Breder's claims were not founded upon a duly recorded instrument as required by section 48.23(3), Florida Statutes (1987)....

...Even as to the specific units referred to, the lis pendens may be permitted to remain in effect only upon the plaintiff's posting of an appropriate bond. Since, even concerning those units, the plaintiff's action was not based upon a "duly recorded instrument or ... mechanic's lien," Section 48.23(3), Florida Statutes (1975) provides that the rules relating to the issuance of injunctions directly apply....

...casion to consider the procedural posture in which the legal issues were presented below. Specifically, we need not determine whether we agree with the second district's conclusion in Kirk v. Baumann, 336 So.2d 125 (Fla. 2d DCA 1976) that under Sec. 48.23(3), Fla....

...usal to close and perform, thereby incurring lost rents and profits as well as increased bank interest rates and loss of bargain. Respondents also recorded the notice of lis pendens which petitioner subsequently moved to discharge in accordance with Section 48.23, Florida Statutes (1979)....

...and III of the complaint. The respondents' cause of action was not based upon either a mechanic's lien or a recorded instrument, but rather upon an unrecorded contract to convey real property. Accordingly, the lis pendens comes within the purview of Section 48.23(3), Florida Statutes (1979) which states: (3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...xtending a Lis Pendens and refusing to dissolve same or require a bond. [1] The action in the trial court not being "founded" on a "recorded instrument" or "mechanic's lien", it was error for the trial court not to require the posting of a bond. See Section 48.23(2), Florida Statutes (1987)....

...la.R.Civ.P. 1.380(d); see Mercer v. Raine, 443 So.2d 944 (Fla. 1983); cf. Wallraff v. T.G.I. Fridays, Inc., 490 So.2d 50 (Fla. 1986) (trial court may impose discovery sanction without violation of direct court order), dismissing the lis pendens, see § 48.23(3), Fla....

...ainst real property owned by the partnership without having a court consider whether a bond should be posted to compensate the owner of the property for damages in the event the lis pendens was wrongfully filed. Lis pendens in Florida is governed by section 48.23, Florida Statutes....

...148, 149 (1925); 51 Am.Jur.2d Lis Pendens § 1 (1970). But because lis pendens operates as a cloud on the title and prevents an owner from selling or dealing with it, it is a harsh and oppressive remedy. 8 Thompson on Real Property § 4308 (1963). Thus section 48.23(3), Florida Statutes, is designed to moderate and to limit the common law effect of lis pendens....

...2d DCA 1991) (suit for injunctive relief to prevent interference with plaintiff's rights under recorded grants of easement). The fact that there is a consensual lien filed by APA, which is of record and which it seeks to enforce, is not determinative. Section 48.23 requires that the action *1135 be founded on the recorded instrument....

...W.O.C., Inc., 268 So.2d 181 (Fla. 3d DCA 1972); Chapman v. L & N Grove, Inc., 244 So.2d 154 (Fla. 2d DCA 1971). The differing scope of review in certiorari cases as compared with non-final appeals suggests potential inequities and a need for resolution of the discrepancy. [2] § 48.23(2), Fla....

...Roderman, P.A., Fort Lauderdale, for appellees. DOWNEY, Judge. Cooper Village, Inc., seeks review by interlocutory appeal of an order denying its motion to discharge a notice of lis pendens. Such an order is not reviewable pursuant to Florida Rule of Appellate Procedure 9.130. Section 48.23, Florida Statutes (1978), authorizes the court to control and discharge a notice of lis pendens as the court may grant and dissolve injunctions....

...rotect its interest in the property and to put others (including potential purchasers) on notice that its claim clouds the property's title. This is the appropriate use for a lis pendens notice under the statute governing lis pendens in Florida. See § 48.23, Fla....

...has further alienated the subject *709 property in recorded instruments. A lis pendens was filed on all the subject property. We are faced with an attack on recorded instruments based on a nonrecorded document. We are called on to first decide if the action is "founded" on a recorded instrument within the meaning of Section 48.23(3), Florida Statutes (1981), and, secondly, if not, to interpret "the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." The trial court apparently found that this action was not so "founded." We agree....

..."Founded upon" is commonly used synonymously with "based upon." It suggests that the right asserted arose from the recorded 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....

...1990) (defining notice of lis pendens as “[a] notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment.”) (emphasis added); Fla. Stat. Ann. § 48.23(1) (“(a) No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby until a notice of the commencement of the action is recorded in the office of the clerk of the circuit court of the county where the property is ....

...Rumsey's argument also ignores the large body of factually indistinguishable cases involving labor pools in which the employee has been invariably found to be a borrowed servant and thus precluded from maintaining a tort action against the special employer. See Larson, supra at § 48.23; Fox v....

...lis pendens was filed, against its fair market value at the time the lis pendens was terminated on November 30, 1990. [1] A notice of lis pendens is normally effective for a one year period beginning from the date of commencement of the action. See § 48.23(2), Fla. Stat. (1991). This period, however, does not include the time such action is pending on appeal. See § 48.23(4). In Hough v. Stewart, 543 So.2d 1279, 1281 (Fla. 5th DCA 1989), for example, the court explained that the one-year life of a lis pendens was tolled during pendency of appeal pursuant to § 48.23(4) even though the appeal was from a non-final order striking the notice of lis pendens....

...This motion was denied and the lower court proceedings were subsequently suspended pending final order of this court. The court may control and discharge a notice of lis pendens as it may grant and dissolve injunctions if the initial pleading does not show the action is founded on a duly recorded instrument. § 48.23(3), Fla....

...the lower court order is QUASHED. DAUKSCH, C.J., and ORFINGER, J., concur. NOTES [1] The court gave petitioner ten days to post a $1,080,000 bond or the lis pendens would be dissolved. This was later modified to allow for 20 days until hearing. [2] Section 48.23(3), Florida Statutes (1981), provides: When the initial pleading does not show the action is founded on a duly recorded instrument, or on a mechanics lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...t was without legal authority to impose such condition of bond requirement to plaintiffs' lis pendens. We agree and reverse. The subject of lis pendens, although derived from the common law, is wholly statutory in Florida. The pertinent part of F.S. § 48.23 F.S.A., the Lis Pendens statute, is set forth in the margin. [1] *156 It will be observed from a study of F.S. § 48.23 F.S.A....

...ndemnity bond as a condition for maintenance of the lis pendens. Accordingly the interlocutory order appealed from is reversed with directions that further proceedings herein be had not inconsistent herewith. LILES and HOBSON, JJ., concur. NOTES [1] § 48.23 Lis Pendens (1) (a) No action in any of the state * * * courts * * * operates as a lis pendens on any real or personal property involved therein or to be affected thereby until a notice of the commencement of the action is recorded in the of...

...Striding, however, argues that it took title free and clear of the Bank’s senior mortgage because it acquired title while the Bank’s mortgage foreclosure action was pending and the Bank failed to cause the Clerk to record a lis pendens. In support, Striding cites section 48.23(b), Florida Statutes (2012), which reads, in pertinent part: 1....

...e action in this case. Another exception to this rule concerns a party who acquires an interest in property with actual or constructive knowledge of another party’s lawsuit concerning the property. This common law exception was modified in part by section 48.23(b), but, as explained above, the modification does not apply to actions based on duly recorded instruments....

...and are essentially the same as under former Rule 4.2. In addition, the notice of lis pendens in the instant case was apparently dissolved, inter alia, because the pleading did not establish that the action was founded on a duly recorded instrument. Section 48.23, Florida Statutes, provides that in such cases "the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." Rule 9.130(a)(3)(B) provides that properly reviewable non-final orders inclu...

...Coleman, Holland & Knight, Lakeland, for appellant. James R. Clouse, Jr., Fort Myers, for appellees. McNULTY, Chief Judge. Appellant, seeking a declaratory judgment as to ownership of certain stock and injunctive relief, filed a notice of lis pendens pursuant to § 48.23, F.S....

...1975, intending *126 thereby to prevent alienation of the stock during the pendency of the action. On motion, the trial judge discharged the lis pendens and this interlocutory appeal ensued. We affirm. The one point meriting discussion herein involves the trial court's interpretation of § 48.23(3), F.S....

...Appellant argues, on the other hand, that the section merely gives the court authority to discharge such lis pendens, upon good cause shown, after notice thereof has been filed. We agree with the trial court. At common law, of course, a lis pendens operated only as against realty. Section 48.23, supra, contemplates that it may also operate as against personalty; but it was obviously the intent of the legislature in enacting paragraph (3) thereof to require that the same safeguards applicable to injunctions be observed....

...This lawsuit was then filed by the Sparkses, claiming breach of contract, misrepresentation, failure of consideration, and the establishment of an equitable lien to secure return of the deposits paid on the contract. In addition, they filed a lis pendens against the property in Flagler County. Pursuant to section 48.23(3), Florida Statutes (1989), when the pleading in a law suit shows the cause of action is not founded on a duly recorded instrument or on a mechanic's lien, "the court may control and discharge the notice of lis pendens as the court may...

...The dissent argues that the burden of proof at the hearing on the motion to dissolve was on the Sparkses. However, that is exactly backwards from judicial hearings in general where the burden is placed on the moving party, and it is a misstatement of the holding in Cacaro, 394 So.2d at 540. Cacaro is now the leading case on section 48.23(3) for cases not involving recorded instruments....

...Hough, 441 So.2d 614 (Fla. 1983). In Cacaro, the court said: [T]he burden was on the moving party to establish that the lis pendens was inappropriate to the circumstances and cause of action stated in the complaint. Cacaro, 394 So.2d at 540. The language in section 48.23(3) regarding dissolving lis pendens like "injunctions" is somewhat ambiguous....

...ements of law. Because the Sparkses have pled a claim and a cause of action consistent with granting them an equitable lien in the property to secure their purchase monies paid to respondent Group, they are entitled to file a lis pendens pursuant to section 48.23, Florida Statutes (1989), to protect their unrecorded interest....

...The plaintiffs' initial pleading did not show that their action was founded on a duly recorded instrument or on a mechanic's lien; therefore, the trial court could control and discharge the notice of lis pendens just as it could grant and dissolve injunctions. See § 48.23(3), Fla....

...We therefore conclude that the lower court's denial of petitioner's motion to amend is a departure from the essential requirements of law resulting in irreparable harm to petitioner. Petitioner filed the notice of lis pendens when it filed the motion to amend. It is not founded on a duly recorded instrument. See § 48.23(3), Fla....

...opportunity to be heard. See Glusman v. Warren, 413 So.2d 857 (Fla. 4th DCA 1982). At any future hearing, respondent will have the burden of proving that the lis pendens is inappropriate. See Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA 1981). Under section 48.23(2), a notice of lis pendens not founded on a duly recorded instrument is ineffectual beyond one year from the commencement of the action unless the court extends the time following reasonable notice and for good cause....

...40.68. Among the several causes of action alleged, the complaint *433 contained a count to foreclose an equitable lien against the apartment complex property. In February 1985, Westburne filed a notice of lis pendens against the property pursuant to section 48.23, Florida Statutes (1985)....

...ourt decree, Westburne possesses only a claim — not a perfected lien giving the claimant any rights or interest in the property. Building on this theme, they argue that a notice of lis pendens had to be properly filed and maintained of record under section 48.23 in order to preserve the superiority of Westburne's claim of lien against a subsequent purchaser of the property, whether or not that purchaser had actual knowledge of the pending court proceedings involving the claimed lien....

...More importantly, it fails to recognize that filing a notice of lis pendens is not essential to enforcement of a lien against a purchaser with knowledge of the pending litigation. The principal purpose of filing a notice of lis pendens, as manifested in section 48.23, is to bar prior unrecorded interests in the property unless the claimants intervene within twenty days after the notice of lis pendens has been filed of record....

...[4] Section 66.36, Florida Statutes (1957), the statute applicable in that case, stated, "The plaintiff shall file with his complaint a lis pendens, in the manner and form prescribed by § 47.49, which shall be recorded as provided by said section." Section 47.49 was the predecessor statute to present section 48.23....

...hese cases: (3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23(3), Fla....

...in an injunction setting constitutes a departure from the essential requirements of the law for which no adequate remedy on plenary appeal is available. Accordingly, we quash the order under review and remand for reconsideration and compliance with section 48.23(3), Florida Statutes (1983)....

...Kennedy, 614 So.2d 491 (Fla. 1993). A court may control or discharge a notice of lis pendens as it may grant or dissolve injunctions if the initial pleading does not show that the action is founded on a duly recorded instrument or mechanic's lien. See § 48.23(3), Fla....

...s not a lien claimed under Chapter 713, Florida Statutes. The trial court denied the motion; Roger Homes appeals. The trial court erred in denying the motion to dissolve the lis pendens. The creation and maintenance of a lis pendens is controlled by section 48.23, Florida Statutes (1993), which requires that a lis pendens be "founded upon a duly recorded instrument, or a mechanic's lien claimed against the property." § 48.23(2), Fla. Stat. "When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." § 48.23(3), Fla....

...— "the covenant running with the land executed by the defendant and recorded in the public records of Dade County, Florida." 579 So.2d at 291. No such instrument exists in this case. Furthermore, Persant is not entitled to a lis pendens based upon section 48.23(3), which allows a court to "control and discharge the notice of lis pendens" as it would grant and dissolve injunctions....

...In response, MIPC's counsel stated that he "thought" that MIPC had filed the original note, but he was "apparently" mistaken. As a result, MIPC did not object to Nationstar's motion. However, the Weilers objected to Nationstar's motion on two different grounds. First, the Weilers argued that section 48.23, Florida Statutes (2014) (the notice of lis pendens statute), discharged Nationstar's unrecorded interest and lien. Second, the Weilers argued that their title to the property was "unassailable" because they were bona fide purchasers of the property....

...However, the trial court overruled the objection, admitted the affidavit into evidence, and allowed the Weilers to make their arguments. Over a month later, on May 9, 2016, the trial court entered its order denying Nationstar's motion to vacate. Relying upon the court records, the trial court ruled that section 48.23 "forever barred" Nationstar's interest in the property....

...3d 12, 14-15 (Fla. 4th DCA 2016); see generally Scott Stephens, Florida's Third Species of Jurisdiction, 82 Fla. B.J. 10 (Mar. -4- Third, Nationstar contends that the trial court erred in finding that the effect of section 48.23 was to discharge Nationstar's unrecorded assignment of mortgage....

...malice under § 523(a)(6). The Court concludes that it is. The finding in state court was based on an analogy between the filing of a wrongful lis pendens and the filing of a wrongful injunction. The state court analogized the language in Fla.Stat. § 48.23(3) governing the filing of a lis pendens with the language in Parker Tampa Two, Inc....

...up to half its appraised value; the written order, however, provided that the lis pendens be dissolved only in part, with the specific provision that the wife might encumber the property with any mortgage up to fifty percent of its appraised value. Section 48.23(3), Florida Statutes (2003), applies when the initial pleading does not show that the claim is based on a recorded instrument or chapter 713 lien; it allows the court to control and discharge notices of lis pendens as it may grant and dissolve injunctions. In the case of a section 48.23(3) lis pendens, the court cannot dissolve the lis pendens if the proponent establishes "a fair nexus between the apparent *536 legal or equitable ownership of the property and the dispute embodied in the lawsuit." Chiusolo v....

...ce of lis pendens. After a hearing on said motion at which George Sparling, *1054 III, testified the court entered an order discharging the lis pendens. These proceedings followed. The authority governing the filing and discharge of a lis pendens is Section 48.23, Florida Statutes (1979)....

...A notice of lis pendens is effective for a period of one year "unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded instrument, or on a mechanic's lien claimed against the property involved except when the court extends the time on reasonable notice and for good cause shown." Section 48.23(2), Florida Statutes (1979)....

...spondents sought to invest. 2 The petitioners filed a motion and memorandum seeking dissolution of the lis pen-dens, and the trial court denied the motion. The petition for certiorari followed. Analysis The pertinent part of the lis pendens statute, section 48.23(3), Florida Statutes (2012), provides: When the pending pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 or when the action no longer affects the subject pr...

...esignated real estate, but a lien which may result after a judgment provides no basis for the filing of a lis pendens notice. Id. at § 37. In addition, the notice of lis pendens filed in this case failed to comply with the statutory requirements of section 48.23(1)(a), Florida Statutes (2005)....

...d not provide a statement of the relief sought as to the property. See Bothmann v. Harrington, 458 So.2d 1163, 1168 n. 5 (Fla. 3d DCA 1984) (notice of lis pendens is procedurally defective if it fails to contain all of the required information under section 48.23(1)(a), Florida Statutes)....

...ndens. We reverse. Where, as here, the initial pleading does not show the action is based on a duly recorded instrument or mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant or dissolve injunctions. Section 48.23(3), Florida Statutes (1975)....

...erein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law . . . However, section 48.23, Florida Statutes (1997), entitled Lis Pendens provides in part: (1)(a) No action in any state or federal courts in this state operates as a lis *1162 pendens on any real or personal property involved therein or to be affected thereby u...

...r part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. In Peninsular Naval Stores Co. v. Cox, 57 Fla. 505, 49 So. 191 (1909), after citing to a prior similar version of section 48.23(1), the court stated: The statute does not define the effect of a lis pendens notice when it has been filed and recorded....

...NAMC had notice of the pending suit, knew it was a dissolution and, therefore, should have known the husband was not a single man as stated in the mortgage documents. Finally, NAMC argues that the lis pendens is a nullity on its face because it does not set forth the relief sought as to the property as section 48.23(1)(a) requires....

...nt to a bond, as well as the amount of the bond. See Fla.R.App.P. 9.130(a)(3)(B); Roger Homes Corp. v. Persant Constr. Co., 637 So.2d 5, 6 n. 1 (Fla. 3d DCA 1994); Munilla v. Espinosa, 533 So.2d 895, 895 n. 1 (Fla. 3d DCA 1988). II. Florida Statutes section 48.23 governs the use of a lis pendens, and treats a lis pendens as one of two types. The first type exists where the action underlying the lis pendens is "founded" upon a duly recorded instrument or a construction lien. [4] § 48.23(3), Fla....

...5th DCA 1982); Chapman v. L & N Grove, Inc., 244 So.2d 154, 157 (Fla. 2d DCA 1971). The other type of lis pendens, which is the type at issue in this case, exists where the underlying action is not founded on a duly recorded instrument or construction lien. § 48.23(3), Fla. Stat. (1993). As to this second type of lis pendens, the statute authorizes the trial court to "control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." § 48.23(3), Fla....

...The third and final approach to a lis pendens bond simply treats the bond as being mandatory. 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....

...ndatory. V. There are two main reasons why a bond should be required when a party files a lis pendens and the underlying lawsuit is not founded upon a duly recorded instrument or construction lien. One of these reasons is based upon Florida Statutes section 48.23(3), and the other upon simple fairness. A. As pointed out earlier, a lis pendens, such as is involved in this case, is to be controlled and discharged as would an injunction. § 48.23(3), Fla....

...rty (5.5 million), and the subsequent offer LACPI received (6.5 million). [8] The trial court is in all respects affirmed. Affirmed. BARKDULL, Judge, specially concurring. I concur with Judge Levy's opinion and write only to point out the following: Section 48.23(3), Fla....

...he court's May 16, 1978 direction to do so, contained in its Order Granting Defendants' Motion for Summary Judgment. In any event, the effectiveness of that notice statutorily expired one year after it was filed and before the April 16 closing date. § 48.23(2), Fla....

...State-Wide Construction, Inc. petitions this court for a writ of certiorari to review the trial court's discharge of petitioner's lis pendens filed in the public records against real property located in Orange County, Florida. The lis pendens was filed pursuant to section 48.23(1), Florida Statutes (1981), [1] in connection with petitioner's efforts to foreclose a mechanic's lien based on a recorded claim of lien on the property pursuant to section 713.22, Florida Statutes (1981)....

...tice of lis pendens, the said property shall be forever discharged from all such unrecorded liens. In the event said notice of lis pendens is discharged by order of the court, the same shall not in any way affect the validity of any unrecorded lien. § 48.23(1), Fla....

...The trial court ordered a bond posted and petitioner here seeks review of that order by certiorari. The action for specific performance was based upon a written contract and not upon a duly recorded instrument or mechanic's lien. Under these circumstances Section 48.23 Florida Statutes allows the court to deal with a notice of lis pendens as it may deal with injunctions....

...3d DCA 1996), and reverse the order below because, whatever the merits of the petitioners' claims to the subject realty, their action is "founded on" an "instrument," a quit claim deed to their deceased parent, which was "duly recorded" in the public records of Dade county. Under section 48.23(3), Florida Statutes (1995), [1] they are therefore entitled to maintain a lis pendens providing record notice of this litigation, as a matter of right....

...bject to the lis pendens. Crown Corp. v. Robinson, 128 Fla. 249, 174 So. 737 (1937). [3] We also observe that Kramer's contention that the lis pendens expired because one year had passed while appellate review was taking place is erroneous. Although Section 48.23(2), Florida Statutes (2001) sets up such a time limitation as to actions founded on instruments not "duly recorded" [4] , as is the case here, section 48.23(4) provides that the one year time period is tolled during appellate review....

...1.420(f). This is a distinction without a difference. Rule 1.420(f) was amended in 1984 to provide for the automatic dissolution in order to resolve unnecessary title problems, not to create new ones. See Court Commentary to 1984 Amendment to the Rule. [4] Section 48.23(2), Florida Statutes (2001) reads: "No notice of lis pendens is effectual for any purpose beyond 1 year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded i...

...ument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires." [5] Section 48.23(4), Florida Statutes (2001) reads: "This section applies to all actions now or hereafter pending in any state or federal courts in this state, but the period of time above-mentioned does not include the period of pendency of any action...

...The Third District, however, has held that such orders are more appropriately reviewed by interlocutory appeal as they are akin to orders on injunctions. See Munilla v. Espinosa, 533 So.2d 895 (Fla. 3d DCA 1988); see also Fla. R.App. P. 9.130(a)(3)(B). The Third District apparently based its decision on the language in section 48.23(3), Florida Statutes (1987), which states, "When the initial pleading does not show that the action is founded on a duly recorded instrument or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." Although the legislature created section 48.23(3) to allow a trial court to control and discharge a lis pendens as it would grant and dissolve an injunction, the supreme court establishes the jurisdiction of this court over interlocutory orders....

...of Lis Pendens. Levine v. Arvida Corporation, 405 So.2d 1370 (4th D.C.A. 1981); Proccaci v. Zacco, 402 So.2d 425 (4th D.C.A. 1981); National Bank of Sarasota v. J.T. Dugger, 335 So.2d 859 (2nd D.C.A. 1976). There is no indication in Florida Statute § 48.23, which provides for lis pendens in the State of Florida, that the filing and recording of a lis pendens constitutes a lien under the law of the State of Florida nor is there any case in Florida that so holds....

...They argued that section 55.509(1) entitled them to a stay without bond because they had furnished the notices of lis pendens. Petitioner in turn moved to require appropriate bonds as a condition of any stay. It contended that mere notices of lis pendens did not constitute compliance with section 48.23(3), Florida Statutes (1989), and subsection (2) of section 55.509 which, it argued, controlled the issue....

...NOTES [1] Respondents have apparently perfected appeals in New Jersey from the default judgments, but they have not been successful in having the New Jersey court stay execution, at least without posting a bond, on those judgments. [2] As will become apparent, we do not see section 48.23(3), Florida Statutes (1989), as the controlling statute here....

...oners failed to show irreparable harm, and further, that the trial court had authority under section 718.202, Florida Statutes (1983) to require the petitioners to post the bond. We disagree with both of those contentions. This action is governed by section 48.23(3), Florida Statutes (1983): (3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...the requirement of a bond, with or without surety, and conditioned as the circumstances may require. The trial court had no authority to condition discharge of the notice of lis pendens upon posting of a bond by the petitioners under those statutes. Section 48.23 contemplates that the proponent of a notice of lis pendens may be required to post bond, the amount of which is within the sound discretion of the trial court....

...Ritchottes' proceeding—particularly the Raceway's answer, counter-claim, and crossclaim. We conclude that the appellants had no actual or constructive notice of the Raceway's interest under a logical reading of the lis pendens statute and case-law. Section 48.23, Florida Statutes (1997) defines the effect of a notice of lis pendens on rights in the encumbered property. In relevant part, section 48.23 states that: [T]he filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property ......

...the action brought by Gall in no way involved a claim against the real property. Lake Placid Holding Co. v. Paparone, 414 So.2d 564 (Fla. 2d DCA 1982); Sunrise Point, Inc. v. Foss, 373 So.2d 438 (Fla. 3d DCA), cert. denied, 374 So.2d 99 (Fla. 1979); § 48.23(1)(a), Fla....

...They appeal from the denial of those motions, arguing that a court order must precede the filing of a lis pendens and that quasi in rem jurisdiction requires seizure or attachment of the property at the institution of the proceedings. We hold that neither act is necessary. Section 48.23(3), Florida Statutes (1979), provides: When the initial proceeding does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...upon the unit, or to post a bond acceptable to the court. This was intended to protect subsequent purchasers from the encumbrance created by the lien. In our view, the court's action was consistent with the statutory authority accorded by Fla. Stat. § 48.23(3), F.S.A., [1] to control and discharge the notice of lis pendens....

...1966, 187 So.2d 63; Adams v. Citizens Bank of Brevard, Fla. App. 1971, 248 So.2d 682; see also, Fla. Stat. § 86.071, F.S.A. [2] Therefore, for the reasons stated and upon the authorites cited, the orders appealed are affirmed. Affirmed. NOTES [1] Fla. Stat. § 48.23(3), F.S.A....

...all portion thereof. See A.R. Moyer, Inc. v. Graham, 285 So.2d 397 (Fla. 1973); Lalow v. Codomo, 101 So.2d 390 (Fla. 1958); Arthur Rutenburg Corp. v. Pasin, 506 So.2d 33 (Fla. 4th DCA 1987); Macaw v. Gross, 452 So.2d 1126 (Fla. 3d DCA 1984). [4] See section 48.23(3), Florida Statutes (1985), which provides that a court may control and discharge a lis pendens which is not based on a recorded instrument or mechanic's lien in the same manner it grants and dissolves injunctions....

...ould likely incur damage if notice of lis pendens was unjustified, and the amount of such damages. Licea v. Anllo, 691 So.2d 29 (Fla. 3d DCA 1997). The boileddown issue here is whether Gladstone's action is founded on a duly recorded instrument. [1] Section 48.23, Florida Statutes (1999), which governs various matters surrounding notices of lis pendens, provides in subsection (3): "When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claim...

...y and the dispute embodied in the action. See Chiusolo v. Kennedy, 614 So.2d 491 (Fla. 1993). [2] Quoted from the court's syllabus. The principle may also be found in the text of the court's opinion at 93. [3] We remind the reader of the language of section 48.23 which requires that the instrument in question be duly recorded....

...[4] If parties could convert the legal status of an instrument by the simple expedient attempted here by Gladstone, there soon would be no court control of any lis pendens. If the legislature so intended it would have done just as well by not enacting section 48.23(3)....

...A notice of lis pendens is filed on the public records and operates as constructive notice to all persons that the title to the property is in litigation and that any interest acquired in the property is subject to the decision of the court. See 28 U.S.C. § 1964 (1994); Fla.Stat.Ann. § 48.23 (West 1994)....

...to this lawsuit. We glean from the record of arguments of counsel at the hearing that the reason for filing it was to eliminate the court's ability to "control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." § 48.23(3), Fla....

...Since the agister's lien has no connection with this appeal, the second amended complaint must be reviewed to determine whether the action is founded on a duly recorded instrument or on a mechanic's lien in order to avoid the court's control over the amended lis pendens as provided in section 48.23....

...On April 25, 2001, Golden Shores filed an unsworn complaint seeking specific performance as well as the Notice of Lis Pendens. Santopietro filed an Emergency Motion to Discharge Lis Pendens, which was heard on May 4, 2001, without any witnesses or affidavits. The trial court ordered the discharge of the lis pendens. Section 48.23(3), Florida Statutes (2000), provides that "[w]hen the initial pleading does not show that the action is founded on a duly recorded instrument or on a [mechanic's lien], the court may control and discharge the notice of lis pendens [in...

...Gladstone Assocs., Inc., 833 So.2d 211, 212 (Fla. 3d DCA 2002). We have considered Patraka v. VSI International, Inc., 832 So.2d 156 (Fla. 4th DCA 2002), and First Southern Development Corp. v. Chandler and Associates, Inc., 472 So.2d 878 (Fla. 1st DCA 1985), but deem them inapposite. Section 48.23(3), Florida Statutes (2003), provides, with respect to actions not founded on a duly recorded instrument or a chapter 713 lien, "the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions." We note that in Haisfield v....

...ct their claimed property rights. Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla.1993). Where the lis pendens is not based on a recorded document, the trial court may set a bond to cover any damages which may be incurred during the lis pendens period. § 48.23(3), Fla....

...t." The trial court granted Bank of Salem's request to intervene; after which, Bank of Salem also filed a lien lis pendens on the Condo. The liens lis pendens connected with the banks' claims each expired one year after the date they were filed. See § 48.23(2), Fla....

...Third, any opportunity Bank of Salem had to prevent the Condo from being sold expired when it allowed its lien lis pendens against the Condo to lapse. In May 2003, Bank of Salem intervened in Bank of America's action against Howell and filed a lien lis pendens on the Condo. One year later, the lien expired. See § 48.23(2), Fla....

...s clear from the pleadings that the plaintiff's action is not founded on a duly recorded instrument or on a mechanic's lien. Thus, the trial court may control and discharge the notice of lis pendens just as it can grant and dissolve injunctions. See § 48.23(3), Fla....

...We also acknowledge and certify conflict with the contrary dictum in Cacaro. Accordingly, the petition for certiorari is granted, the order discharging the lis pendens is quashed, and this cause is remanded *422 for an evidentiary hearing pursuant to section 48.23(3), Florida Statutes (1989) and Mohican Valley, Inc....

...However, if the record owner of the real estate wishes to go beyond this stage and challenge the filing of the lis pendens in an evidentiary hearing, as did not happen here or in Sparks, then the challenging party should have the burden of proof pursuant to section 48.23(3)....

...rity that the filing party failed to carry its burden of proof. In other words, the hearing to dissolve the lis pendens will necessarily be converted into a hearing on the merits, if the present view of this court prevails. That is not the intent of section 48.23(3)....

...That may entail the offer to post a bond to protect the filing party's position, or some other fact-specific situation, which persuades the court that the filing party's interests can be otherwise protected, pending the determination of the case on the merits. Section 48.23(3) only uses the reference to "granting and dissolving injunctions" by way of analogy....

PER CURIAM. This petition for writ of certiorari concerns the trial court’s denial of a motion to extend, a lis pendens on property owned by Respondents. See § 48.23(2), Fla....

...ement. Cf. Avalon Assocs. of Delaware Ltd. v. Avalon Park Assocs., Inc., 760 So.2d 1132 (Fla. 5th DCA 2000); Lakeview Townhomes at Cal. Club, Inc. v. Lakeview of Cal. Club Homeowners Ass’n, Inc., 579 So.2d 290, 291 (Fla. 3d DCA 1991). In addition, section 48.23(2), Florida Statutes (2013) imposes a «good cause requirement for extending a lis pendens....

...On remand, the trial court may consider whether a bond is required. See Med. Facilities Dev., Inc. v. Little Arch Creek Props., Inc., 675 So.2d 915, 917 (Fla.1996) (“Since the wrongful filing of a notice of lis pendens can be damaging, courts have interpreted the statutory reference to injunctions in section 48.23(3), Florida Statutes, to mean that a bond may be required.......

...No action on real property operates as a lis pendens until a notice of commencement of the action is recorded in the office of the clerk of the circuit court containing, in addition to other requirements, the names of the parties and a statement of the relief sought as to the described property. Section 48.23(1)(a), Florida Statutes (1971)....

...e of lis pendens, and the final judgment of foreclosure and that summary judgment should be entered in GAMI's favor. GAMI's notice of lis pendens, filed prior to Giffen's claim of mechanic's lien, is a bar to Giffen's foreclosure of mechanic's lien. § 48.23(1)(b), Florida Statutes, provides in pertinent part as follows: "The filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property described in said notice of lis pendens of all liens includin...

...tion of § 713.05, construed in conjunction with the lis pendens statute, clearly reveals that since Giffen had not recorded the mechanic's lien at the time the lis pendens notice was filed, enforcement of its subsequently acquired lien is barred by § 48.23, Florida Statutes....

was improper and illegal under Florida Statute § 48.23. Epic Aviation’s Response, Plaintiffs’ Exhibit

...Before BARKDULL, BASKIN and JORGENSON, JJ. PER CURIAM. After the trial court discharged a lis pendens, it assessed attorney's fees in favor of the property owner. We find this error, there being no specific authority in the statutes providing for such fees. Section 48.23(3), Florida Statutes (1983)....

...fidavit, or other writing which purports to affect the title of, or encumber, any real property ... for the purpose of collecting a commission, or to coerce the payment of money to the broker or salesman or other person, ..." and on the authority of § 48.23(3), Fla....

...ases as much so as though he had been a party to the judgment or decree himself.” Greenwald v. Graham, 100 Fla. 818 , 130 So. 608, 611 (1930). In Florida, notices of lis pendens are afforded even more power than they are at common law by virtue of section 48.23, Florida Statutes (2010), which states in pertinent part: (l)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if...

...ever discharged from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien. § 48.23, Fla....

...eating the lis pendens — all other actions are barred. Giffen Indus. of Jacksonville, Inc. v. Se. Assocs., Inc., 357 So.2d 217, 219 (Fla. 1st DCA 1978) (attempt to enforce mechanic’s lien recorded after lis pendens notice was filed was barred by section 48.23); Baron v....

...Accordingly, the court in the Association’s lien foreclosure action did not have jurisdiction to foreclose the lien. If the Association wanted to recover its unpaid Association fees, it was statutorily required to intervene in the re-foreclosure action as prescribed in section 48.23(l)(d)....

...subject to the outcome of the litigation in Wells Fargo's case, including the foreclosure sale to which Wells Fargo was entitled as a result of the judgment entered in its favor. 2 We recognize that Florida's lis pendens statute, section 48.23, Florida Statutes (2012), is more than just procedural and provides more protection than the common law lis pendens....

...The seller's motion to compel the buyer to arbitrate as expressly agreed should, therefore, have been granted. We do not, however, agree that the trial court erred in granting Steckel's motion to extend the lis pendens because that motion was not filed until more than one year after commencement of the action. Section 48.23 of the Florida Statutes expressly confers control over notices of lis pendens on the courts. Where, as here, a notice of lis pendens is filed in conjunction with an action not founded on a duly recorded instrument, the statute authorizes the courts to extend the effect of the notice beyond one year. § 48.23(2), (3), Fla....

...rt properly extended a lis pendens beyond one year from commencement of the action even though no extension had been requested); see also Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So.2d 45, 47 (Fla. 2d DCA 1984) (concluding that section 48.23(2) does not bar filing a notice of lis pendens more than one year after commencement because if a "court can extend the effect of the notice of lis pendens beyond one year, it stands to reason that the court can allow it to be filed beyond one year of commencement in the first place")....

...ffords is counterbalanced by the constraining effects the notice has on the property-holder defendant" and that "[s]ince the wrongful filing of a notice of lis pendens can be damaging, courts have interpreted the statutory reference to injunction in section 48.23(3), Florida Statutes, to mean that a bond may be required")....

...arty seeking to file a lis pendens to post a bond). In this case, the trial court properly exercised its discretion to order the bond and was correct in treating the requirement for the bond as it would the bond for a temporary injunction. Section 48.23(3), Fla....

...underlying case's dismissal is reversed, the accompanying lis pendens is reinstated."), review denied sub nom. Kramer v. Mitschke-Collande, 847 So.2d 977 (Fla. 2003). The above analysis does not end the inquiry in the instant case, however, because section 48.23(2), Florida Statutes, limits the validity of a notice of lis pendens to one year where the claim is not founded on a recorded instrument or a lien under part I of chapter 713, absent a trial court's exercise of discretion in extending the time limitation "as justice requires." § 48.23(2), Fla. Stat. (2006); see also § 48.23(3), Fla....

...lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions."). Although the record does not indicate that Olesh filed a motion to extend the *244 time under section 48.23(2), a hearing was held on Greenberg's motion to dissolve the lis pendens wherein the trial court ruled that it was not inclined to remove the lis pendens at that time, but would do so "when we get closer to selling this property and hav...

...tions for a writ of certiorari quashing circuit court orders allowing Daxan 26 (FL), LLC (“Daxan”), to maintain a recorded lis pendens without a bond. Concluding that the orders below correctly interpreted and applied the lis pendens statute, section 48.23, Florida Statutes (2014), and the declaration of condominium applicable to the property in contention in the lawsuit between these parties, we deny the petition. This case illuminates the difference between (a) a condominium...

...w . . . caus[ing] material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal.” Martin- Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987). Analysis Section 48.23(1), Florida Statutes (2014), provides: (1)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby...

...the causes of action against the property in the proceeding. The petition in the present case alleges that the lawsuit below is not “based on a duly recorded instrument.” 100 Lincoln argues that a later section of the same statute, section 48.23(3), should have been applied, mandating proof of a nexus between the plaintiff’s claims and the real estate, and requiring a lis pendens bond in the event that such a nexus is established. Daxan argues, and the trial court fo...

...In the present case, Daxan’s claims are based on the recorded Declaration and its terms, and the commercial units in contention are part of the legal description in the recorded instrument. Conclusion Because we have concluded that the lis pendens was filed in compliance with section 48.23 and in an action which is based on a duly recorded instrument, we need not and do not address 100 Lincoln’s arguments challenging “nexus” and seeking a substantial bond....

...dissolve" on June 5, 2007, unless a substantial bond is posted by Renzi on or prior to that date. It appears, unfortunately, that the June 5 deadline follows eight days after Ness' financing commitment expires. Lis pendens in Florida is governed by section 48.23 of the Florida Statutes....

...and the court has the power to `control' the notice by discharging it, or requiring the party seeking to file a lis pendens to post a bond." Avalon Assoc. of Delaware Ltd. v. Avalon Park Assoc., Inc., 760 So.2d 1132, 1134 (Fla. 5th DCA 2000)( citing § 48.23(2), Fla....

...Count 2 seeks, in the alternative, to foreclose on the agreement for deeds. At the time the instant action was filed, both the agreement for deeds and the deeds had been duly recorded. The trial court let the notice of lis pendens stand as to count 2 and stated no reason for striking the notice as to count 1. [1] Section 48.23(2), Florida Statutes (1983), provides that in any action involving real or personal property: No notice of lis pendens is effectual for any purpose beyond one year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded instrument ... except when the court extends the time on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires. Section 48.23(3) provides: When the initial pleading does not show that the action is founded on a duly recorded instrument ......

...the sale of residential real estate. We affirm because the lis pendens, which did not contain the date of the institution of an action and incorrectly listed the name of a defendant, did not provide constructive notice of Oz's claims in violation of section 48.23, Florida Statutes (2005)....

...s. The purpose of lis pendens "is to notify prospective purchasers and encumbrances that any interest acquired by them in the property in litigation is subject to the decree of a court." See Procacci v. Zacco, 402 So.2d 425, 427 (Fla. 4th DCA 1981). Section 48.23, Florida Statutes (2005), governs lis pendens, and subsection (1)(a) provides that: No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be effec...

...stitution of the action, the name of the court in which it is pending, a description of the property involved or to be affected, and a statement of the relief sought as to the property. (emphasis added). Consistent with the statutory requirements of section 48.23, this Court held in Joge Invs., Inc....

...3d DCA 1999), that a valid lis pendens must contain the time of institution of the action. If a plaintiff fails to include all of the required items in the lis pendens, the lis pendens is ineffective. See DeGuzman v. Balsini, 930 So.2d 752, 755 (Fla. 5th DCA 2006)(holding that the notice of lis pendens failed to comply with section 48.23 because it did not state the time that an action was instituted, and it did not provide a statement of the relief sought as to the property)....

...The second lis pendens here was fatally defective. It did not accurately indicate the date of the institution of the November 23, 2004 action. This failure to include the date of the institution of an action is fatal to the lis pendens and contrary to the express language contained in section 48.23(1)(a)....

...of Carolina Warter. Oz's claims against Carolina Warter thus did not impart constructive notice upon anyone. For these reasons alone, the trial court correctly dissolved the second lis pendens for failure to comply with the requirements contained in section 48.23, Florida Statutes (2005)....

...On remand, the trial court may consider the propriety of issuing an injunction against appellant under the common law standards for such relief. Next, appellant contends that the trial court erred in denying her motion to discharge the lis pendens. We disagree. Section 48.23(3), Florida Statutes (1989), provides that "[w]hen the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as th...

...give Purchaser any lien or claim against the Unit of the Condominium.” We further conclude that the trial court should not have required Nobe Bay to post a bond. As the Florida Supreme Court held in Medical Facilities, “in situations governed by section 48.23(3), [Fla....

...ure 1.230. In contrast, as a purchaser post-lis pendens, Carlisle had no rights in the property at the time the litigation commenced, and he purchased the property subject to and bound by any judgment rendered in the foreclosure action. See § 48.23(1)(d), Fla....

...was dissolved prior to the posting of the bond, which the trial court believed was a prerequisite to an entitlement to the award of fees. In S & T Builders v. Globe Props., Inc., 944 So.2d 302 (Fla.2006), the Florida Supreme Court concluded that section 48.23 of the Florida Statutes “permits a recovery of the attorney’s fees incurred in obtaining a discharge of a lis pendens.” Id....

...attorney’s fees, and that the recovery of attorney’s fees for the wrongful entry of a lis pendens is limited to the amount of a lis pendens bond. Entitlement to attorney’s fees is not contingent upon the posting of a lis pendens bond. Because section 48.23(3), Florida Statutes (2005), does not require the posting of a bond prior to the filing of a notice of lis pendens, a party cannot be allowed to file such a notice with impunity by not posting a bond....

...7, 1998." The respondents filed and recorded a notice of lis pendens against the property. The petitioners filed a motion to discharge the lis pendens; this motion was denied and no bond was set. No evidentiary hearing was held on the issue of bond. Section 48.23(1)(a), Florida Statutes (1997), requires that a notice of lis pendens contain "the names of the parties, the time of institution of the action, the name of the court in which it is pending, a description of the property involved or to b...

...Avalon argued it had an absolute right to maintain a lis pendens against the real property owned by the partnership, without court direction or control. However, as explained by the court in Avalon, a duly *338 recorded instrument was necessary to maintain a lis pendens as of right, but section 48.23, Florida Statutes (1999), was designed to moderate and limit the effect of a common law lis pendens when not founded on a duly recorded instrument....

...Nikooie as of February 1, 2007, was actually $1,349,300, with interest accruing at thirteen percent per annum 5 Nikooie argues that GMAI’s motion to intervene was denied and that its motion to intervene was untimely under the lis pendens statute, section 48.23(1)(b), Florida Statutes (2007)....

...ct to that lien and lender. 17  Nikooie also argues in his direct appeal that ATIF’s claims were barred by its predecessor’s (GMAI’s) “untimely intervention” under the lis pendens statute, section 48.23(1)(b), Florida Statutes (2007): Except for the interest of persons in possession or easements of use, the filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the pr...

...The plain words of the statute do not preclude a plaintiff’s decision to add an otherwise-untimely lien claimant as a defendant in an amended pleading.16 In this analysis, we have carefully considered Adhin v. First Horizon Home Loans, 44 So. 3d 1245 (Fla. 5th DCA 2010). Adhin addressed the question of whether section 48.23(1)(b) is procedural or substantive in its effect....

...unconstitutional incursion by the Legislature into the procedural right, pursuant to Florida Rule of Civil Procedure 1.230, to intervene “at any time” in a lawsuit). The Fifth District concluded that the bar is substantive in its effect and that section 48.23(1)(b) is therefore constitutional....

...To the contrary, Nikooie filed his own lawsuit, later consolidated with the Washington Mutual action, to establish the alleged priority of his lien. Nikooie also recorded his own lis pendens (after the recordation date of the GMAI mortgage). On such a record, we agree with the trial court’s conclusion that section 48.23(1)(b) did not bar GMAI’s prosecution of its loan and lien claims against the Property. Analysis—Washington Mutual’s 2006 Unrecorded Mortgage As noted, the trial court split the 2006 Washington Mutual mortgage loan to Mejia into two separate pieces with different priorities....

...liens. While pursuing their claims in the FSLIC administrative process, defendants can avoid any injury. Before filing their claims with the FSLIC, the defendants can file a "notice of lis pendens" in the Monroe county clerk's office. Fla.Stat.Ann. § 48.23(1)(a) (West 1987). As § 48.23(1)(b) provides, "the filing of such notice of lis pendens shall constitute a bar to the enforcement against the property described in the notice of all interests." Id....

...We find that Section 713.07(2), Florida Statutes (1975), is not applicable and that the lis pendens barred the enforcement of Ousley Sod Company's claim of lien. Accordingly, the Summary Final Judgment of foreclosure is reversed. The Florida lis pendens statute, Section 48.23(1)(b), Florida Statutes (1975), provides that the recordation of a notice of lis pendens bars the enforcement against the property described in the notice "of all liens ......

...However, where the harm alleged is based on monetary damages, establishing irreparable harm will require specific facts to support the non-remediable nature of the injury. While there are differences between the law applicable to actions for certiorari review and for injunctive relief, the causes are related in light of section 48.23, Florida Statutes. That statute provides that where, as here, the notice of lis pendens is not founded on a recorded instrument or lien claimed, the trial court “shall control and 3 discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.” § 48.23(3), Fla....

...Appellee contended that any interest that existed by virtue of Perez’s winning bid at the HOA foreclosure sale was unrecorded at the time the lis pendens was filed in the initial mortgage foreclosure lawsuit, so that such unrecorded interests were discharged by section 48.23, Florida Statutes. Appellants responded that the lis pendens, final judgment of foreclosure, and certificate of title issued in the initial mortgage foreclosure lawsuit were void ab initio due to Greenwich’s failure to name FL Hom...

...intervene in the initial mortgage foreclosure action. Appellee contended that appellants’ failure to intervene meant that the judicial sale in the initial mortgage foreclosure action “forever discharged” the property from all unrecorded interests and liens under section 48.23(1)(d), Florida Statutes (2017). Appellants responded that because Greenwich failed to name Florida Homes LLC, an indispensable party, in the initial mortgage foreclosure action, both the lis pendens and final judgment were void....

...sable, party defendant in a suit to foreclose a mortgage.”)). The failure to join FL Homes LLC rendered the entire foreclosure action void, so that the lis pendens filed in the initial foreclosure action cannot have had any legal effect. Under section 48.23, the nullifying impact of the lis pendens statute on unrecorded property interests turns on the prosecution of the lawsuit “to a judicial sale of the property.” § 48.23(1)(d), Fla....

...al mortgage foreclosure lawsuit rendered the entire foreclosure action void. As the successor in interest to the original mortgage, appellee’s interest in the property is superior to that of appellants; our holding is that appellee may not rely on section 48.23 in a summary judgment to obtain a final judgment of foreclosure. We reverse the summary judgment of foreclosure and remand to the circuit court for further proceedings consistent with this opinion. WARNER and FORST, JJ., concur....

...Development, Inc. (GHD). Mr. Stinnett’s lis pendens was based on a recorded easement, and his lawsuit sought enforcement of rights described in the easement. We grant the petition because this action “is founded on a duly recorded instrument.” § 48.23(3), Fla.Stat....

...Along with the complaint, he filed and recorded a notice of lis pendens describing the recorded easement. GHD immediately moved to discharge the lis pen-dens, and the trial court dissolved the lis pendens on the belief that the claims were not founded on a duly recorded instrument within the meaning of section 48.23(3), Florida Statutes (1989)....

the statutory reference to injunctions [in section 48.23(3), Florida Statutes (1995)] requires the lis-pendens

...the one that’s articulated in the Golden Shores1 case []. Under the circumstances, there’s a colorable case 1 In Golden Shores Properties, LLC. v. Santopietro, 792 So. 2d 644 (Fla. 3d DCA 2001), this Court cited the language of Florida Statute Section 48.23(3) which states that when an action is not 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.” Relying on that language...

...ate of recordation of Notices of Lis Pendens or on the date of recordation of a Judgment Lien Certificate, inasmuch as the latter event occurred within the preferential look-back period prescribed by code. In accord with 11 U.S.C. § 547, Fla. Stat. § 48.23, and applicable case law, I find the Notices of Lis Pendens to have effectuated a transfer of the property outside of the statutory preference *571 period....

...On or about November 9, 2007, Nemeroff also filed and recorded six (6) notices of lis pendens, with respect to six (6) different properties owned by the Debtor in the four counties where the properties are located (the "Lis Pendens Notices"). Although Nemeroff filed the Lis Pendens Notices pursuant to Florida Statute § 48.23, the Trustee disputes the validity, priority and extent of the Lis Pendens Notices under the Statute....

...The Florida lis pendens statute provides, "[T]he filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property described . . . of all interests and liens . . . unrecorded at the time of filing for record such notice of lis pendens. . . ." Fla. State. § 48.23(1)(b)....

...Failure to Allege Properly an Intent to Charge a Particular Property with respect to the Lis Pendens Morgan seeks dissolution of the lis pendens based on Carran's failure to establish an nexus between the ownership of the property and the instant dispute. [8] With respect to a lis pendens, section 48.23(3) of Florida Statutes applies when a complaint does not allege that a claim is based on a recorded instrument. Under that provision, the Court may control and discharge a notice of lis pendens in the same manner that it may grant and dissolve injunctions. Fla. Stat. § 48.23(3)....

...n of a lis pendens, during the pendency of its appeal of the final judgment. We reverse, and hold that Sandalwood’s filing of the notice of appeal, while the lis pendens was still in effect, tolled the expiration of the lis pendens, pursuant to section 48.23(4), Florida Statutes, (2024) which provides that the period of time during which the lis pendens remains in effect “does not include the period of pendency of any action in an appellate court.” FACTUAL AND PROCEDURAL BACKG...

...appeal of the final judgment. The trial court denied that motion, determining in its discretion that the filing of the notice of appeal did not toll the expiration date of the notice of lis pendens. This appeal followed.1 ANALYSIS AND DISCUSSION Section 48.23, Florida Statutes (2024) provides the procedure for, and effect of, the filing of a notice of lis pendens....

...execution and enforcement, if necessary.”))). 3 a notice of lis pendens expires one year after commencement of the action, unless the trial court, in its discretion, extends the time of expiration of the notice. As section 48.23(2) provides: A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action ....

...rcise its discretion on Sandalwood’s request, denied the motion to toll, citing the advanced age of one of the Appellees, and the fact that the case had been pending for six years. The question presented is the construction and effect of section 48.23, Florida Statutes, upon Sandalwood’s filing of the notice of appeal while the lis pendens remained in force. Because the issue involves the construction of a statute and a pure question of law, our standard of review is de novo. LB Judgment Holdings, LLC v. Boschetti, 271 So. 3d 115 (Fla. 3d DCA 2019) (construing section 48.23, Florida Statutes). Sandalwood contends that, under section 48.23(4), the filing of the notice of appeal triggered a mandatory tolling of the notice of lis pendens during the pendency of the appeal....

...5 and that the trial court properly exercised its discretion when it denied Sandalwood’s motion to certify the tolling of the notice of lis pendens. We look first to the plain language of sections 48.23(2) and (4), Florida Statutes (2024) which provide: (2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action ....

...eriod of pendency of any action in an appellate court. The notice of lis pendens had not yet expired on the date Sandalwood filed its notice of appeal of the final judgment. In light of that, application of the unequivocal language of section 48.23(4) is straightforward: The filing of the notice of appeal effectively tolled the expiration of the lis pendens, because “the period of time” for which the notice of lis pendens is in effect “does not include the period of pendency of any action in an appellate court.” § 48.23(4), Fla....

...5th DCA 1989). In theory, at least, four days remain (following the final disposition of this appeal) on the trial court’s order extending the time of expiration of the notice of lis pendens.3 In its order, the trial court determined that although section 48.23(4) may allow for tolling of lis pendens during an appeal, such tolling is not mandatory and that the trial court had the discretion to allow or deny tolling 3 In their brief, Appellees suggest that the parties “stipulated” to a date certain for the expiration of the notice of lis pendens, and that Sandalwood therefore waived any right to rely upon the mandatory tolling language of section 48.23(4)....

...2d 614, 617 (Fla. 2d DCA 2006) (“A fundamental principle of appellate procedure is that an appellate court is not empowered to make findings of fact.”). Appellees have also suggested (should this court determine that the expiration of the notice of lis pendens was tolled under section 48.23(4)) that we remand this cause to the trial court for a determination of a sufficient bond....

...te gives the trial court discretion to consider the extension and duration of the lis pendens on a case-by-case basis.”); De la Fuente v. Adrian Devs. Corp., 967 So. 2d 251 (Fla. 3d DCA 2007) (same); see also LB Judgment, 271 So. 3d at 118-19; § 48.23(3), Fla....

...ger subject to the trial court’s exercise of discretion, but rather was mandated under the statute. CONCLUSION Sandalwood filed its notice of appeal of the final judgment prior to the expiration date of the lis pendens. Pursuant to section 48.23(4), Florida Statutes, (2024) Sandalwood’s filing of the notice of appeal effectuated a tolling of the expiration date of the lis pendens, given the statutory language which provides that the period of time during which the lis pend...

...ge of the bond. Analysis When, as here, a law suit involving real property is not based on a duly recorded instrument or on a statutory mechanic's lien, the control and discharge of a lis pendens is governed by the law applicable to injunctions. See § 48.23(3), Fla....

...Second, Haven Center had not been afforded an opportunity to prove its "costs and damages sustained" as a result of the lis pendens during the period the lis pendens was a matter of record. The lis pendens bond contains no provision making it dependent upon the continued effectiveness or term of the lis pendens; nor does section 48.23 or Florida case law provide that the voluntary release of the lis pendens automatically entitles the claimant to the discharge of the lis pendens bond....

...al property titled solely in his wife’s name is a request for relief based upon a duly recorded instrument; and (2) whether the trial court erred in dissolving the lis pendens prior to a final order of dissolution. CLASSIFICATION OF PENDING ACTION Section 48.23(3), Florida Statutes (1989), states: When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic’s lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...the deed, or later, the husband acquired those rights, but those homestead *906 rights were not acquired simply because of the recitation of marital status in the deed. 1 We hold that the trial court was empowered to discharge the lis pendens under section 48.23(3) since the pending dissolution of marriage action was not founded upon a duly recorded instrument....

statement of the relief sought as to the property. § 48.23(1)(a), Fla.Stat. (1995). The statute permits only

of a notice of lis pendens is found in Florida Statute 48.23. Subsection (3) of that statute provides

...On appeal, the seller contends that the trial court abused its discretion in denying his motion to discharge the third lis pendens and granting the buyer’s motion to extend the third lis pendens until August 16, 2007. 3 We disagree. When an action is not founded on a duly recorded instrument, sections 48.23(2)-(3), Florida Statutes (2006), give the trial court discretion to consider the extension and duration of a lis pendens on *253 a case by case basis....

...3d DCA 2006) (citing Betsy Ross Hotel, Inc. v. A.G. Gladstone Assocs., 833 So.2d 211 , 212 n. 1 (Fla. 3d DCA 2002)); see also Rodriguez v. Banco Indus. de Venezuela, C.A., 576 So.2d 870, 873 (Fla. 3d DCA 1991) (citing Am. Legion Cmty. Club v. Diamond, 561 So.2d 268, 272 (Fla.1990)). Section 48.23(3) states that, when the pleading does not show that the action is founded on a duly recorded instrument, the courts may control and discharge a notice of lis pendens as the courts may grant and dissolve injunctions. § 48.23(3), Fla. Stat. (2006). Section 48.23(2) provides that a notice of lis pendens, which is not founded on a duly recorded instrument, is ineffectual beyond one year from the commencement of the action. However, this section gives the courts authority to extend the effect of the notice beyond one year on reasonable notice and for good cause. § 48.23(2), Fla....

....We find no merit in the seller's contention that the third lis pendens was fatally defective because it did not contain the time of commencement of the action. We note that the lis pendens contained the date of our decision in Puente I and strictly complied with all other aspects under section 48.23.

...den., 441 So.2d 614 (Fla.1983), and argued that the respondents were entitled to no lis pen-dens because their cause of action was not based on a recorded instrument. The trial court properly rejected that argument. The petitioners did not request the trial court to require the respondents to post bond. While under section 48.23(3), Florida Statutes, 1 petitioners are entitled to such a *1362 bond to indemnify them from damages resulting from the wrongful imposition of the notice of lis pendens, 2 we cannot hold that the trial court departed from the essential...

...by the trial court. Accordingly, we deny the petition for writ of certiorari without prejudice to the petitioners’ moving the trial court for an order requiring the respondents to post bond. PETITION DENIED. COBB, C.J., and DAUKSCH, J., concur. . Section 48.23(3), Florida Statutes (1983), provides: *1362 When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic’s lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions....

...The Motions filed by the Defendants were based on the ground that the Complaint fails to show and allege that the claims asserted by the Plaintiff are founded on a duly recorded instrument or on a claim for mechanics or materialman’s liens and, therefore, not entitled to Lis Pendens protection by virtue of § 48.23 of Fla.Stat....

would become a lien on the property.” Section 48.23, Florida Statutes (2017), governs notices of

...no more true for the promissory note lawsuit than it would be for a hypothetical pending personal injury lawsuit against Luna Developments—“which, if successful, would have meant a judgment that would become a lien on the property.” Section 48.23, Florida Statutes (2017), governs notices of lis pendens. A notice is only effectual if it describes the affected property, is recorded in the official records where the property is located, “and has not expired or been withdrawn or discharged.” § 48.23(1)(a) (emphasis provided). In the present case, the notices of lis pendens were discharged by the court long before the July 2015 sale, and Mr. Nieto did not appeal that discharge. Moreover, section 48.23(2) specifies that a notice of lis pendens “is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sough is disclosed by the pleading to be founded on a dul...

...Petitioner seeks to have us reverse an order denying a limited lifting of a *154 stay order. He wants the stay order lifted only so the trial judge can order a lis pendens dissolved. The lis pendens apparently is ineffectual now because the statutory one-year period passed without any court-ordered extension. See § 48.23(2), Fla.Stat....

...(collectively, the “Tower Entities”), and Intercontinental Investment Bankers, challenge final orders adversely adjudicating their quiet title claims against two mortgagees, appellees BI 27, LLC and TIG Rompsen US Master Mortgage LP.1 The trial court found that section 48.23(1)(b), Florida Statutes (2020), shielded the mortgagees from suit....

...The trial court denied the request, and Weiss-Ortiz and the Tower Entities filed a separate suit against TIG, along with another notice of lis pendens. BI 27 moved for a partial final summary judgment on the sixth amended complaint. It argued it was entitled to a final judgment pursuant to section 48.23(1)(b)2., Florida Statutes, because it acquired its lien after the trial court discharged the original lis pendens. Weiss-Ortiz and the Tower Entities opposed the summary judgment on a multitude of grounds, among them that the...

...3d 535, 538 (Fla. 3d DCA 2022). ANALYSIS 5  Two well-entrenched sources of law guide our resolution of this appeal. The first, the lis pendens statute, codified in section 48.23, Florida Statutes, “defines the notice of lis pendens, addresses the applicability of the notice and the extent to which the notice bars claims and other interests, prescribes the life of the notice, and provides for renewals and the discharge of the notice when appropriate.” The Florida Bar, James H....

...De Pass v. Chitty, 105 So. 148, 149 (Fla. 1925), in Florida, a lis pendens “is wholly statutory and includes matters well beyond simply maintaining the status quo.” Adhin v. First Horizon Home Loans, 44 So. 3d 1245, 1252 (Fla. 5th DCA 2010). Section 48.23(1)(b), Florida Statutes (2019), the lis pendens statute, provides, in pertinent part: 6  1....

...complaints would have necessarily been “based upon, arising from, growing out of, or resting upon” the recorded documents. Avalon Assocs. of Del. Ltd. v. Avalon Park Assocs., Inc., 760 So. 2d 1132, 1135 (Fla. 5th DCA 2000). Further, casting aside the fact that section 48.23(1)(b) strictly insulates nonparties and both BI 27 and TIG acquired interests from Elite, a party- defendant to the lawsuit, this dispute involves a claim to, as distinguished from a claim against, the Tower Properties....

...legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). The Committee proposes amendments to Rule of Civil Procedure Form 1.918 (Lis Pendens). The amendment to the form is in response to recent enactment of section 48.23(1)(c), Florida Statutes, which governs the contents of a notice of lis pendens....

...____________________ Attorney for ............... ................... ................... Address Florida Bar No. ...... NOTE: This form is not to be recorded without the clerk's case number. Committee Notes 2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk's electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48.23, it should be inserted in the case caption of the notice....

danger of being bound by an adverse judgment.5 Section 48.23(1)(a), F.S., provides that no action in any

...Discussion As noted above, the issue in this case is whether the plaintiffs' interest in the Lisa Lane property is superior to the government's interest. The plaintiffs contend that by virtue of filing their lis pendens in 1995, the government's claim against the Lisa Lane property is barred pursuant to section 48.23, Fla....

...The government argues that notwithstanding Florida's lis pendens statute, federal law dictates that the United States' interest in the Lisa Lane property is superior to the plaintiffs'. (A). The Plaintiffs' Claim Under Florida Law The lis pendens statute on which the plaintiffs rely is codified at section 48.23 of the Florida Statutes. In pertinent part, section 48.23 states that: Except for the interest of persons in possession or easements of use, the filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property described in said notice of lis penden...

...levies, unrecorded at the time of filing for record such notice of lis pendens unless the holder of any such unrecorded interest or lien shall intervene in such proceedings within 20 days after the filing and recording of said notice of lis pendens. Section 48.23(b), Fla....

...Murray, 963 F.Supp. 52, 55 (D.Mass.1997). Therefore, in determining the priority of the competing liens in this case, the Court must treat the government's lien as a tax liability assessed under the tax code. With this fact in mind, Florida's lis pendens statute, section 48.23(b), specifically states that federal tax liens are barred if the government does not comply with the *1352 statute's intervention requirements. Section 48.23(b), Fla. Stat. (1999). Despite section 48.23(b)'s plain language, however, the United States Supreme Court has held that only choate state-created liens take priority over federal tax liens....

...Thus, any lien that they may have on the Lisa Lane property was perfected at the earliest on April 20, 1999, fourteen days after the government recorded its perfected lien. Therefore, the plaintiffs' interest in the Lisa Lane property remained inchoate until April 20, 1999, notwithstanding the language of section 48.23 of the Florida Statutes....

...�� pursuant to Florida Statute § 695.01 (Count I); discharging an unrecorded assignment of mortgage pursuant to Florida Statute § 701.02 (Count II), discharging unidentified unrecorded interests in certain real property pursuant to Florida Statute § 48.23, and quieting title vis a vis the Subject Mortgage, pursuant to Florida Statute § 65.021 (Dkt.3)....

...charge the assignment under Fla. Stat. § 701.02 . Simply put, that statute does not apply to purchasers who take title to real property subject to a recorded mortgage. In re Halabi, 184 F.3d 1335 , 1338 (11th Cir.1999). As for Count III, Fla. Stat. § 48.23 does not bar enforcement of a recorded mortgage filed prior to the filing of a lis pendens....

...peal ‘that certiorari is the appropriate procedure for the review of such an order’ 100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, 180 So. 3d 134, 136 (Fla. 3d DCA 2015)”), find no merit in appellant’s argument, and deny the petition. See § 48.23(3), Fla....

...By statute, “[w]hen the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23(3), Fla....

...at 851 .. In the present case the lis pen-dens was not based on a duly recorded instrument and therefore, as already stated, by statute “the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23(8), Fla....

...Bailey, improperly deeded the property to T.B.F., a corporation she owned, in violation of a prior agreement that it was to be deeded to him. This action was filed on July 1, 1981, and a notice of lis pendens was filed in St. Johns County on July 7, 1981, pursuant to section 48.23, Florida Statutes (1981), which provided in pertinent part: (2) No notice of lis pendens is effectual for any purpose beyond 1 year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be...

...enter an order extending the lis pendens. It did not do so. The lis pendens did not expire until February 2, 1984 because the one-year life of the lis pendens was tolled during the pend-ency of the appeal from May 2, 1982 through November 23, 1983. § 48.23(4), Fla.Stat....

...As such, it is the Defendant’s position that the Manalapan Property was transferred more than one year before the Petition Date, and therefore the Trustee’s claim under § 548 is not viable. The Defendant’s argument is legally incorrect. Florida Statutes § 48.23 governs notices of lis pendens....

...Inc., 675 So.2d 915, 917 (Fla.1996). The notice also protects future purchasers or encumbrancers of the property by informing them that there is a current suit involving the property’s title. Id. The duration of a notice of lis pendens is determined by Florida Statutes § 48.23(2) which provides: No notice of lis pendens is effectual for any purpose beyond 1 year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires. Fla. Stat. § 48.23 (2) (1994) (emphasis added). In the instant case, the Defendant does not assert that the Notice of Lis Pendens was ever extended by a court of competent jurisdiction. Applying Florida Statutes § 48.23(2) the natural expiration of the Notice of Lis Pendens would have occurred on May 29, 1999....

land is evident from the clear provisions of Section 48.23(2), Fla.Stat., viz: “(2) No notice of lis pendens

...This motion was denied and the lower court proceedings were subsequently suspended pending final order of this court. The court may control and discharge a notice of lis pendens as it may grant and dissolve injunctions if the initial pleading does not show the action is founded on a duly recorded instrument. § 48.23(3), Fla....

...anted and the lower court order is QUASHED. DAUKSCH, C. J., and ORFINGER, J., concur. . The court gave petitioner ten days to post a $1,080,000 bond or the lis pendens would be dissolved. This was later modified to allow for 20 days until hearing. . Section 48.23(3), Florida Statutes (1981), provides: When the initial pleading does not show the action is founded on a duly recorded instrument, or on a mechanics lien, the court may control and discharge the notice of lis pen-dens as the court may grant and dissolve injunctions....

...Maurice Symonette, in proper person. Gray│Robinson, P.A., and Kristie L. Hatcher-Bolin (Lakeland), Roland E. Schwartz and Sophie M. Labarge (Fort Lauderdale), for appellee. Before LOGUE, LINDSEY and LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla....

...Maurice Symonette, in proper person. Gray│Robinson, P.A., and Kristie L. Hatcher-Bolin (Lakeland), Roland E. Schwartz and Sophie M. Labarge (Fort Lauderdale), for appellee. Before LOGUE, LINDSEY and LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla....

...Maurice Symonette, in proper person. Gray│Robinson, P.A., and Kristie L. Hatcher-Bolin (Lakeland), Roland E. Schwartz and Sophie M. Labarge (Fort Lauderdale), for appellee. Before LOGUE, LINDSEY and LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla....

...issolved the lis pendens. The lis pendens statute provides that “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.” § 48.23(3), Fla....

...ation of a Question of Great Public Importance Per Curiam. We grant Appellee’s February 7, 2017 Motion for Certification of a Question of Great Public Importance and certify the following question to the Florida Supreme Court: WHETHER, PURSUANT TO SECTION 48.23(1)(D), FLORIDA STATUTES, THE FILING OF A NOTICE OF LIS PENDENS AT THE COMMENCEMENT OF A BANK’S FORECLOSURE ACTION PREVENTS A LOCAL GOVERNMENT FROM EXERCISING AUTHORITY GRANTED TO IT BY CHAPTER 162, FLORIDA STATUTES, TO ENFORCE CODE VI...

re-cordation of Metrobank’s lis pendens) specified in section 48.23(l)(d), Florida Statutes (2016). 4

...We are not persuaded that the trial court erred in determining that the complaint states a cause of action and thus that respondents should answer the complaint. 2 However, we do agree that since it is undisputed that the lis pendens is not founded upon a duly recorded instrument, section 48.23(3), Florida Statutes (1987), which holds the court “may control and discharge the notice of lis pen-dens as it may grant and dissolve injunctions,” requires the posting of a bond by respondents....

...Lantana Boatyard, 402 So.2d 507, 511 (Fla. 4th DCA 1981)). We find no error in the trial court's rulings and affirm. In the second consolidated appeal, the purchaser argues he is entitled to attorney's fees under Florida Rule of Appellate Procedure 9.410 as a sanction, and under section 48.23, Florida Statutes (2009). We agree with the purchaser that the trial court should have awarded fees under section 48.23. We do not reach the issue of whether the fees were properly imposed as a sanction because we hold that section 48.23 authorizes an award of attorney's fees under the circumstances presented here. In S & T Builders v. Globe Properties, Inc., 944 So.2d 302 (Fla.2006), our *139 supreme court held an "award of attorney's fees incurred in discharging a lis pendens is statutorily authorized" under section 48.23(3), Florida Statutes....

...posted in this case. We disagree. In McMillan/Miami, LLC. v. Krystal Capital Managers, LLC., 1 So.3d 312 (Fla. 3d DCA 2009), the Third District held "[e]ntitlement to attorney's fees is not contingent upon the posting of a lis pendens bond. Because section 48.23(3), Florida Statutes (2005), does not require the posting of a bond prior to the filing of a notice of lis pendens, a party cannot be allowed to file such a notice with impunity by not posting a bond." Id. at 314. We agree with the Third District's holding in McMillan. We therefore reverse the trial court's order denying the purchaser attorney's fees under section 48.23....

...t to a bond, as well as the amount of the bond. See Fla.R.App.P. 9.130(a)(3)(B); Roger Homes Corp. v. Persant Constr. Co., 637 So.2d 5 , 6 n. 1 (Fla. 3d DCA 1994); Munida v. Espinosa, 533 So.2d 895 , 895 n. 1 (Fla. 3d DCA 1988). II. Florida Statutes section 48.23 governs the use of a lis pendens, and treats a lis pendens as one of two types. The first type exists where the action underlying the lis pendens is “founded” upon a duly recorded instrument or a construction lien. 4 § 48.23(3), Fla.Stat....

...5th DCA 1982); Chapman v. L & N Grove, Inc., 244 So.2d 154, 157 (Fla. 2d DCA 1971). The other type of lis pendens, which is the type at issue in this case, exists where the underlying action is not founded on a duly recorded instrument or construction lien. § 48.23(3), Fla.Stat. (1993). As to this second type of lis pendens, the statute authorizes the trial court to “control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23(3), Fla.Stat....

...The third and final approach to a lis pen-dens bond simply treats the bond as being mandatory. 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....

...ndatory. V. There are two main reasons why a bond should be required when a party files a lis pendens and the underlying lawsuit is not founded upon a duly recorded instrument or construction lien. One of these reasons is based upon Florida Statutes section 48.23(3), and the other upon simple fairness. A. As pointed out earlier, a lis pendens, such as is involved in this case, is to be controlled and discharged as would an injunction. § 48.23(3), Fla.Stat....

legal issue, and thus our review is de novo. Section 48.23, Florida Statutes (2018), governs notices of

proceedings is required by statute. Fla.Stat. § 48.23.4 The notice is ordinarily essential to the application

...tition for writ of certiorari is whether a lawsuit seeking to invalidate the chain of title evidencing the submission of certain real property to the ownership and control of a condominium is founded on a duly recorded instrument, as provided in section 48.23, Florida Statutes....

...Langbein, Chancellor Kent and the History of Legal Literature, 93 Colum. L. Rev. 547, 548 (1993). 4 lawsuit, and is defined as the jurisdiction, power, or control that courts acquire over property involved in a pending suit.”) (citation omitted). Section 48.23, Florida Statutes, confers control over such notices upon the courts....

...Conversely, “[w]hen the pending pleading does not show the action is founded upon a duly recorded instrument[,] . . . the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.” § 48.23(3), Fla....

...1st DCA 1985). This conflict was swiftly resolved by the Florida Supreme Court over three decades ago in Diamond. There, the court examined whether “a suit to set aside a conveyance of real property” constituted an action “‘founded on a duly recorded instrument’ as set forth in section 48.23, Florida Statutes[,] ....

...the district court reversed, holding that “a lawsuit to quiet title to real property predicated on allegations of fraudulent conveyance and misrepresentation is not an ‘action . . . founded upon a duly recorded instrument.’” Id. (quoting § 48.23, Fla....

...surrounding the execution of that deed.” Id. at 272. To hold otherwise, it reasoned, would allow for a notice of lis pendens to “remain in effect beyond one year as of right whenever real property was involved, contrary to the clear intent of section 48.23.” Id....

...Subsequently, the Lender’s successor obtained a final judgment of foreclosure. 2 After the mortgage foreclosure concluded, Jallali filed a motion under Florida Rule of Civil Procedure 1.540(b)(4) to vacate the Association’s 2012 final judgment of foreclosure. Jallali relied on Quadomain, 103 So. 3d at 978-80, and section 48.23, Florida Statutes (2012)....

...Because the Declaration of Covenants, which included provisions with respect to the Association’s right to lien and foreclose on the property, was a recorded “interest” at the time of the filing of lis pendens, we conclude that, even though the lien was inferior to the mortgage, section 48.23, Florida Statutes, constitutes no bar to the enforcement of the lien between the Association and Jallali. A lis pendens serves two main purposes: (1) to give notice to and thereby protect any future purchasers or encumbrancers of the property; and (2) to protect the plaintiff from intervening liens....

...urposes. Chiusolo v. Kennedy, 614 So. 2d 491, 492 (Fla. 1993) (footnote omitted). Jallali relies on Quadomain as standing for the proposition that the association’s foreclosure against her is barred because the association did not comply with section 48.23, Florida Statutes....

...The trial court denied the motion and the bank appealed. Id. The issue on appeal in Quadomain was whether the bank’s supplemental lis pendens divested the trial court of jurisdiction to adjudicate the association’s lien. Id. This Court quoted from section 48.23, Florida Statutes. Id. at 979. That statute, last amended effective July 1, 2009, 3 provides in part as follows: 3 Previously, language similar to that now appearing in section 48.23(1)(d) appeared in section 48.23(1)(b), but the period of time for intervening was only twenty days. § 48.23(1)(b), Fla....

...ed from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien. § 48.23(1), Fla....

...did not have jurisdiction to foreclose the lien. If the Association wanted to recover its unpaid Association fees, it was statutorily 4  required to intervene in the re-foreclosure action as prescribed in section 48.23(1)(d). Quadomain, 103 So....

...under the association’s declaration of covenants recorded before the Lender recorded its notice of lis pendens. Quadomain does not discuss whether an association’s declaration of covenants (or of condominium) constitutes an “interest” under section 48.23(1)(d), Florida Statutes. We hold that such a declaration may qualify as an “interest.” Therefore, declarations which are recorded not only prior to the notice of lis pendens, but prior to the mortgage itself, may constitute a prior recorded interest under section 48.23(1)(d), Florida Statutes, such that the filing of a lis pendens does not automatically preclude an association from foreclosing on a lien imposed under the declaration, although the association’s foreclosure may be subordinate to the f...

...foreclosure by an institutional mortgagee extinguishes the lien for any assessments coming due prior to the sale or transfer. Essentially, the Declaration serves as a lien to secure future assessments. Thus, it constitutes an “encumbrance or interest” for purposes of section 48.23(1)(d), Florida Statutes....

...Further, the filing dates of any liens incurred under the Declaration, including the lien at issue, relate back to the date of the Declaration’s recording. Because the Declaration was recorded prior to the Lender’s lis pendens, a foreclosure action based upon a claim of lien filed under its terms is not barred by section 48.23(1)(d). This conclusion is not undermined by the Declaration’s exception to the relation-back provision with regard to first mortgages. This provision is relevant in determining priority of liens, rather than serving the notice purposes of section 48.23, Florida Statutes (with its bar to enforcement of unrecorded property interests by a separate suit)....

...is pending at the time the claim of lien is filed. Moreover, we note that, in the context of this case, a lis pendens recorded by a mortgage holder serves to protect the mortgage holder from liens unrecorded at the time of the filing. Although section 48.23(1)(d), Florida Statutes, creates a “bar to ....

...Unlike Quadomain, the Association’s suit did not involve the Lender. See Quadomain, 103 So. 3d at 978. Significantly, the Lender’s priority is not at issue here, and the Association acknowledges the Lender’s superior interest. Thus, the purposes of lis pendens and section 48.23(1)(d), Florida Statutes, are not served by allowing Jallali to assert these rights against the Association. Accordingly, Quadomain does not control the outcome of this proceeding between the Association and the delinquent homeowner....

injunction is proper, whether it is necessary under section 48.23(2) and (3), Florida Statutes (1991), for the

...or fact necessary to sustain its validity.” Bailey v. First Mortg. Corp. of Boca Raton, 478 So. 2d 502, 504 5 (Fla. 1st DCA 1985) (quoting 44 Fla. Jur. 2d. Real Property Sales and Exchanges § 82 (1984)). Section 48.23, Florida Statutes (2020) controls the discharge of a lis pendens....

...t constitute a lien against property when it has expired, been withdrawn, or discharged, 6 which discharge is controlled by the court as it would “grant and dissolve injunctions.” Seller contends that section 48.23(1)(b)2....

...We disagree with seller’s position that the safe harbor provision provided buyer with protection and clear title immediately upon the failure of the tenant to post the bond pursuant to the court order without awaiting the time for appeal to expire. Section 48.23(1)(b)2....

...Romance, Specific Performance of Real Estate Contracts: Legal Blackmail, 72 Fla. Bar J. 54 (Nov. 1998). We conclude that including the time for an appeal to expire on an order discharging a notice of lis pendens is not contrary to the terms of the statute. Section 48.23(3) provides that discharge is in the control of the court “as the court would grant and dissolve injunctions.” Because the court controls the discharge, the matter is governed by court procedural rules and procedural rights due to litigants, including the important right to seek appellate review....

filed-. Lis pendens in Florida is governed by -section 48.23, Florida Statutes. Subsection (3) provides:

...Setting aside any other claims of invalidity, the notice of lis pen-dens expired after one year under the lis pendens statute. See Am. Legion Cmty. Club v. Diamond, 561 So.2d 268 (Fla.1990). At no time did Wife # 1 seek to have the lis pendens extended. Section 48.23(2), Florida Statutes (2003), provides, inter alia, that “[n]o notice of lis pendens is effectual for any purpose beyond 1 year from the commencement of the action unless the relief sought is disclosed by the initial pleading to be fou...

...judgment for arrearages incurred under a New York judgment that had nothing to do with any real property in Florida. Similarly, the 1998 amended complaint seeking to set aside fraudulent transfers was not “founded on a duly recorded instrument.” § 48.23(2)....

...cloud on the title of property in the name of Wife # 3. It is not that 1994 judgment which forms the basis of the fraudulent conveyance claim. Wife # 1 contends- that the 1994 final judgment is a “duly recorded instrument” within the meaning of section 48.23....

...a lis pendens as of right.” See Ross, 528 So.2d at 65 . Because it was not founded on a “duly recorded instrument,” the 1996 notice of lis pendens was no longer “effectual for any purpose” when Wife # 3 moved to declare it invalid in 2004. § 48.23(2)....

...ly owed to [SDR] by [SEED], pending the resolution of this action.” Setting aside the highly improbable proposition that a lis pendens can reach, affect, or in any way encumber the cash proceeds of a real estate closing that has yet to occur', see § 48.23(l)(a), Fla....

primarily relied upon section 48.23(l)(d), Florida Statutes (2016). Section 48.23(l)(d), Florida Statutes

...2013). Finally, with the action dismissed, the trial court should have dissolved the lis pendens. “[W]hen 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.” § 48.23(3), Fla....

...foreclosure proceeding, because the title holder’s interest is clearly inferior, as a matter of law, to the interest of the foreclosing party.”); Carlisle v. U.S. Bank, Nat’l Ass’n for Harborview 2005-10 Tr. Fund, 225 So. 3d 893, 895 (Fla. 3d DCA 2017); § 48.23(1)(d), Fla....

...As explained in Carlisle: [A]s a purchaser post-lis pendens, Carlisle had no rights in the property at the time the litigation commenced, and he purchased the property subject to and bound by any judgment rendered in the foreclosure action. See § 48.23(1)(d), Fla....

...On November 8, 2000, Appellees filed a motion to discharge notice of lis pendens. Appellees alleged that Tampa Bay 1 never obtained a proper consented-to assignment from Jenne Corporation and that the notice of lis pendens failed to comply with the provisions of section 48.23(l)(a), Florida Statutes (2000)....

...the time of institution of the action and did not make a proper- statement of the relief sought. The trial court cited the Third District case, Joge Investments, Inc. v. Millennium Capital, 724 So.2d 728 (Fla. 3d DCA 1999), in support of its ruling. Section 48.23(l)(a) requires that a notice of lis pendens contain “the names of the parties, the time of institution of the action, the name of the court in which it is pending, a description of the property involved or to be affected, and a statem...

...ught in the complaint was for specific performance regarding the sale of the property that was described in the notice. We find that these provisions, along with the other facts contained in the notice, were sufficient to satisfy the requirements of section 48.23(l)(a)....

...Deutsche Bank Nat’l Trust Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012); Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 4th DCA 1997) (holding that a bank had no standing to appeal since it failed to intervene and was a non-party in the proceeding below); see also § 48.23(1)(d), Fla....

...In March 2005, Florida West contracted to buy real estate from MDG Lake Trafford, LLC (MDG). The sale did not close. In September 2005, Florida West sued *480 MDG for specific performance, breach of contract, and declaratory relief. Florida West also recorded a notice of lis pendens (hereafter, lis pendens) pursuant to section 48.23, Florida Statutes (2005)....

...instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires. § 48.23(2)....

...Florida West argues that the trial court departed from the essential requirements of the law by not deeming the fair nexus factor sufficient, by itself, to establish good cause. We cannot accept *481 Florida West's position. The statute requires more. Even if there is a fair nexus here, section 48.23(2) specifically imposes a good cause requirement that Florida West must satisfy....

...Estate of Barry, 787 So.2d 198, 201-202 (Fla. 4th DCA 2001) (applying same good cause definition in probate cause and finding that claimants made a sufficient showing of good cause). Whether to extend a lis pendens is a matter left to the trial court's discretion. See § 48.23(3); Rodriguez v....

...Subsequently, the Lender’s successor obtained a final judgment of foreclosure. 2 After the mortgage foreclosure concluded, Jallali filed a motion under Florida Rule of Civil Procedure 1.540(b)(4) to vacate the Association’s 2012 final judgment .of foreclosure. Jallali relied on Quadomain, 103 So.3d at 978-80 , and section 48.23, Florida Statutes (2012)....

...Because the Declaration of Covenants, which included provisions with respect to the Association’s right to lien and foreclose on the property, was a recorded “interest” at the time of the filing of lis pendens, we conclude that, even though the lien was inferior to the mortgage, section 48.23, Florida Statutes, constitutes no bar to the enforcement of the lien between the Association and Jallali....

...tant purposes. Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla. 1993) (footnote omitted). Jallali relies on Quadomain as standing for the proposition that the association’s foreclosure against her is barred because the association did not comply with section 48.23, Florida Statutes....

...The trial court denied the motion and the bank appealed. Id. The issue on appeal in Quadomain was whether the bank’s supplemental lis pen-dens divested the trial court of jurisdiction to adjudicate the association’s lien. Id. This Court quoted from section 48.23, Florida Statutes....

...ever discharged from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien. § 48.23(1), Fla....

...Accordingly, the court in the Association’s lien foreclosure action did not have jurisdiction to foreclose the lien. If the Association wanted to recover its unpaid Association fees, it was statutorily required to intervene in the re-foreclosure action as prescribed in section 48.23(l)(d)....

...First, in Quadomain, the association was attempting to foreclose its lien against the bank, a first mortgagee, and not the homeowner. 'Second, Quado-main did not address the effect of the association’s declaration of covenants, which constitute a recorded interest and thus take the case out of the purview of section 48.23, Florida Statutes....

...dens. Therefore, because the Declaration provided for the imposition of a lien which related back to the filing of the Declarations, it was not an “interest ... unrecorded at the time of recording the notice” of lis pendens within the meaning of section 48.23(l)(d), Florida Statutes. *220 We hold that an association’s declaration of covenants (or of condominium) constitutes an “interest” in property under section 48.23(l)(d), Florida Statutes. Therefore, declarations which are recorded not only prior to the filing of a notice of lis pendens by a first mortgagee, but prior to the mortgage itself, may constitute a prior recorded interest under section 48.23(l)(d), Florida Statutes....

...lien is subordinate to the lien of an institutional mortgage recorded prior to the time a notice of lien is recorded. The Declaration is a covenant running with the land, thus constituting an “encumbrance or interest” in property for purposes of section 48.23(l)(d), Florida Statutes....

...eclaration’s recording. Because the Declaration was recorded prior to the Lender’s lis pendens, a foreclosure action against anyone other than a first mortgagee based upon a claim of lien filed in accordance with the Declaration is not barred by section 48.23(l)(d), Florida Statutes....

...This conclusion is not undermined by the Declaration’s exception with regard to first mortgages to the relation-back provision for claims of liens for assessments. This exception is relevant in determining priority of liens, not the application of section 48.23, Florida Statutes, in actions by an association to foreclose a lien against the property owner when a foreclosure proceeding is pending....

...eding is pending at the time the claim of lien is filed. Moreover, we note that, in the context of this case, a lis pendens recorded by a mortgage holder serves to protect the mortgage holder from liens unrecorded at the time of the filing. Although section 48.23(l)(d), Florida Statutes, creates a “bar to ......

...The Association’s judgment was satisfied in 2008 and is not relevant to this appeal. . This Court recently reversed that final judgment for lack of standing of the plaintiff at the time suit was filed. Jallali v. Christiana Tr., 200 So.3d 149 (Fla. 4th DCA 2016). . Previously, language similar to that now appearing in section 48.23(l)(d) appeared in section 48.23(l)(b), but the period of time for intervening was only twenty days. § 48.23(1 )(b), Fla....

...The trial court dissolved the amended notice of lis pendens because petitioner filed the amended notice without prior judicial approval. The trial court found that such prior judicial approval was mandated because the underlying action was not based upon “a duly recorded instrument, or a mechanic’s lien,” § 48.23(3), Fla.Stat....

within 30 days after the recording of the notice." § 48.23(1)(d), Fla. Stat. (2012) ; accord Westburne Supply

PER CURIAM. Affirmed. See Mohican Valley, Inc. v. MacDonald, 443 So.2d 479 (Fla. 5th DCA 1984); Glusman v. Warren, 413 So.2d 857 (Fla. 4th DCA 1982); § 48.23(3), Fla.Stat....

...Knightsbridge Village Homeowners’ Ass’n, 2014 WL 3765323 (Fla. 4th DCA July 31, 2014). Subsequently, in 2015, Jallali and her successor-in-interest moved to vacate the association’s 2012 final judgment of foreclosure based on Quadomain and section 48.23, Florida Statutes (2015). In Quadomain, the holder (the bank) of a first mortgage on a condominium filed a foreclosure action, recorded a notice of lis pendens, and obtained a final judgment....

...ndens. Id. The trial court denied the motion and the bank appealed. Id. The issue on appeal was whether the bank’s supplemental lis pendens divested the trial court of jurisdiction to adjudicate the association’s lien. This Court quoted from section 48.23(1), Florida Statutes (2010), which provides: (a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if a not...

...ed from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien. § 48.23, Fla....

...in the suit creating the lis pendens—all other actions are barred. Giffen Indus. of Jacksonville, Inc. v. Se. Assocs., Inc., 357 So. 2d 217, 219 (Fla. 1st DCA 1978) (attempt to enforce mechanic's lien recorded after lis pendens notice was filed was barred by section 48.23); Baron v....

...ciation’s lien foreclosure action did not have jurisdiction to foreclose the lien. If the Association wanted to recover its unpaid Association fees, it was statutorily required to intervene in the re-foreclosure action as prescribed in section 48.23(1)(d). Quadomain, 103 So....

...judgment against the same property, all before the mortgagee filed its 2007 foreclosure action, that final judgment was satisfied in 2008 and has nothing to do with the association’s 2011 lien and 2012 foreclosure action. Accordingly, based on section 48.23, Florida Statutes (2015), Quadomain, and the cases cited therein, we conclude that the final foreclosure judgment which the association obtained in the 2012 case was void because the trial court lacked jurisdiction at that time....

Per Curiam. We grant appellant James Ober’s motion for rehearing, withdraw our opinion of August 24, 2016, and substitute the following. This case involves the application of section 48.23, Florida Statutes (2014), the lis pendens statute, to liens placed on property between a final judgment of foreclosure and a judicial sale. We hold that such liens are discharged by section 48.23(l)(d)....

...Ober does not argue that those three post-judicial sale liens were discharged, and on remand the trial court may enter judgment on them. Analysis Insofar as this case concerns the interpretation of a statute, the standard of review is de novo. Brown v. City of Vero Beach, 64 So.3d 172, 174 (Fla. 4th DCA *954 2011). Section 48.23(1)(d) states, in pertinent part: [T]he recording of ......

...end of the road, but merely a way station .to the final result. See Park Fin. of Broward, Inc. v. Jones, 94 So.3d 617, 618 (Fla. 4th DCA 2011) (stating that mortgage foreclosure actions are different from typical civil actions). A proper reading of section 48.23(l)(d) is,- as the Florida Land Title Association suggests, that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether recorded before the final judgment or after, if the lienor does not i...

...if the buyer refuses to pay, then this court may determine, on plenary appeal, whether the trial court erred in releasing the surety; thus, the same remedy which the Nickersons seek now is one which this court may grant on final appeal. We disagree. Section 48.23(3), Florida Statutes (2006), provides, with respect to actions that are not founded on a duly recorded instrument or a chapter 713 lien, "the court may control and discharge the notice of lis pendens as the court may grant and dissolve...

...5th DCA 2006) (denying review of order granting judgment on the pleadings on count seeking to foreclose a construction lien, where issue appears to be one of first impression, and thus order is not subject of clearly established law). However, we agree with the Nickersons' position: the language of section 48.23(3), allowing courts to control notices of lis pendens as injunctions, invokes Florida Rule of Civil Procedure 1.610(b), which provides, "No temporary injunction shall be entered unless a bond is given by the movant in an amount the cour...

...Defendants now move for a Court Order discharging the lis pendens. The law is well-settled that lis pendens is notice of all facts apparent on the face of the pleadings and such other facts as would put the purchaser on inquiry. De Pass v. Chitty, 90 Fla. 77 , 105 So. 148 (1925). Furthermore, Fla.Stat. 48.23, the statute governing the effect and procedure of filing a notice of lis pendens, is not restricted to actions in which the title to real property or some interest therein is involved, but it applies to both real and personal property....

...authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ While hearings on certain motions are required by rule or 3 statute, this is not so for a motion to intervene, including one governed by section 48.23(1)(d), Florida Statutes. See Fla. R. Civ. P. 1.230; § 48.23(1)(d), Fla....

PER CURIAM. Affirmed. Beefy King International, Inc. v. Veigle, 464 F.2d 1102 (5th Cir.1972); § 48.23(3), Fla.Stat....

...ocedure 9.040(c), we deny the writ. We hold that the supplementary proceedings alleging fraudulent conveyance of property were predicated upon a recorded judgment and duly recorded deeds and that the failure to establish the necessity for bond under Section 48.23(3), Florida Statutes (1981), or that lis pendens was inappropriate, precludes relief....

...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....

...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 1 To the extent appellants’ claim is based on comments the trial court allegedly made at an October 2019 hearing, the record does not contain a transcript of that hearing....

...circumstances surrounding execution”) (citing Am. Legion Cmty. Club v. Diamond, 561 So. 2d 268, 269 (Fla. 1990) (holding that a suit to set aside a conveyance of real property is not an action “founded on a duly recorded instrument” within the meaning of section 48.23, Florida Statutes, and thus the maintenance of a notice of lis pendens is not authorized as a matter of right)). Affirmed. 3 

...1st DCA 1985) as authority for its finding that the wife could maintain her lis pen-dens as a matter of right. The court’s reliance on Albega is misplaced. The instant case, unlike Albega, is not an action “founded on a duly recorded instrument” within the meaning of § 48.23(2), Fla.Stat....

...proceedings and if such proceedings are prosecuted to a judicial sale of the property described in said notice of lis pendens, the property shall be forever discharged from all such unrecorded interests and liens. . . . § 48.23(1)(b), Fla....

...Aiello, 319 So. 2d 198, 200 (Fla. 3d DCA 1975)). But, of course, our explanation does not tell the entire story. Not relevant in Quadomain is the first clause of the statutory section, which states “[e]xcept for the interest of persons in possession.” § 48.23(1)(b), Fla....

...not apply to parties in possession of the subject property.” Adhin v. First Horizon Home Loans, 44 So. 3d 1245, 1248 n.2 (Fla. 5th DCA 2010). The lender concedes Townsend did not need to intervene within twenty days. Instead, the lender argues the second sentence of section 48.23(1)(b) applies to all holders of unrecorded interests, including one in possession of the property. We conclude that the language at the start of the second sentence, “any such recorded interest or lien,” refers to those interests discussed in the first sentence. See § 48.23(1)(b), Fla....

...If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens. . . . § 48.23(1)(d), Fla. Stat. (2020). For purposes of this appeal, we use the statute in effect at the time the notice of lis pendens was filed. All citations to section 48.23 in this opinion are to the version in effect in 2002. 5 possessed the property when the mortgage was signed and when the lis pendens was filed....

...interest—which was unrecorded at the time Bank of America's lis pendens was filed— the Association was required to intervene in the Bank's foreclosure suit. See U.S. Bank Nat'l Ass'n v. Quadomain Condo. Ass'n, 103 So. 3d 977, 979 (Fla. 4th DCA 2012) (citing § 48.23, Fla....

...’s arguments, we look to the standard for evaluating the granting or denying of a motion to discharge a notice of lis pendens. As this Court in LB Judgment Holdings, LLC v. Boschetti, 271 So. 3d 115, 118–19 (Fla. 3d DCA 2019) provided, Section 48.23, Florida Statutes (2018), governs notices of lis pendens and the prerequisites for filing them. Section 48.23(3) specifies that when, as here, the underlying lawsuit is not founded on a “duly recorded instrument” or a lien claimed under part I of chapter 713, Florida Statutes (governing construction liens), “the co...

...However, as this was marital property, the debts of the marriage, including those of the family business, far exceeded the value of the property and all the assets of the marriage. As the husband’s interest is not founded upon a duly recorded instrument, section 48.23(3), Florida Statutes (1997) provides that “the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” After a full hearing on the issues, the trial court entered an order dissolvi...

...Although the receiver in JKM Services was appointed before the enactment of section 718.111(5), that is a distinction without any legal significance. Nothing in section 718.111(5) alters the analysis of JKM Services. The trial court relied on section 48.23(1)(d), Florida Statutes (2020), and U.S. Bank National Ass’n v. Quadomain Condominium Ass’n, 103 So. 3d 977 (Fla. 4th DCA 2012), in finding that Christiana Trust was required to intervene in the Association’s receivership action. Section 48.23(1)(d) states that the recording of a notice of lis pendens constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens...

...rendered against the party from whom he makes the purchases as much so as though he had been a party to the judgment or decree himself.’” Id. at 979 (quoting Greenwald v. Graham, 130 So. 608, 611 (Fla. 1930)). The trial court’s reliance on section 48.23(1)(d) and Quadomain is misplaced as demonstrated by CitiMortgage, Inc....

...We deny the petition seeking cer-tiorari review of orders relating to the petitioner’s notice of lis pendens. We write to address only the petitioner’s argument that she should not have been required to post a bond because her complaint was founded on a “duly recorded document” within the meaning of section 48.23(3), Florida Statutes (2001)....

...Torres, 816 So. 2 2d 1222, 1223 (Fla. 3d DCA 2002). When the complaint does not establish this nexus, “the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat....

Master Mortgage LP.1 The trial court found that section 48.23(1)(b), Florida Statutes (2020), shielded the

...Collier, 458 So.2d 266 (Fla.1984); The Florida Bar v. Turner, 457 So.2d 474 (Fla.1984). Attorney Mart, not Riverside, would be liable to Chicago Title for the misuse or misapplication of Beacon’s funds by attorney Mart. Lis pendens is governed by Florida Statute Section 48.23 which provides that where an action is not founded on a duly recorded instrument or a mechanic’s lien, the Court may control and discharge the Notice of Lis Pendens as the Court may grant and dissolve injunctions....

...The lawsuit remains pending. Our story picks up there. In August 2022, SCT Trading recorded a notice of lis pendens against the property. Subsequently, SCT Trading 2 moved to extend the lis pendens. The trial court granted the motion.1 See § 48.23(2), Fla....

...Hutchins' plea for certiorari must fail. It is true that a trial court may require the proponent of a lis pendens to post a bond. See S & T Builders v. Globe Props., Inc., 944 So. 2d 302, 304 (Fla. 2006) ("We have interpreted the statutory reference to injunctions in section 48.23(3) of the Florida Statutes to authorize a trial court to require the posting of a bond . . . ."); Chiusolo, 614 So. 2d at 493 ("[T]he statutory reference to injunctions [in section 48.23(3)] exists merely to permit property holders to ask in an appropriate case that the plaintiff post a bond where needed to protect the former from irreparable harm....

...360 (S.D. Fla. 1989), is misplaced because those cases did not involve the requirements of recording an assignment of mortgage under section 695.11. Instead, the cases concerned whether a recording of a notice of lis pendens—which is governed by section 48.23, Florida Statutes—provided sufficient notice of the claims at issue....

...2d at 619 (affirming order dissolving lis pendens “because the lis pendens, which did not contain the date of the institution of an action and incorrectly listed the name of a defendant, did not provide constructive notice of Oz’s claims in violation of section 48.23, Florida Statutes”); One Parcel, 715 F....

...mestead property. The notice of Ms pendens was filed against this property. A notice of Ms pendens may be filed, as a matter of right, where the initial pleading shows that the action is founded upon a duly recorded instrument or a mechanic’s Men. § 48.23, Fla.Stat. (1987). In all other actions, the trial court may “control and discharge the notice of Ms pendens as the *346 court may grant and dissolve injunctions.” § 48.23(3), Fla.Stat. (1987). The respondent’s amended complaint does not “show that the action is founded on a duly recorded instrument,” section 48.23, Fla.Stat....

...on to dissolve the notice of lis pendens. See American Legion Community Club v. Diamond, 561 So.2d 268 (Fla.1990). Upon remand, the trial court shall consider whether the lis pendens is appropriate under the standards for granting an injunction. See § 48.23(3), Fla.Stat....

...2012) (second alteration in original) (quoting Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004)). The latter two prongs of the analysis are jurisdictional. Dade Truss Co. Inc. v. Beaty, 271 So. 3d 59, 62 (Fla. 3d DCA 2019). ANALYSIS Section 48.23, Florida Statutes (2023), confers control over notices of lis pendens to the courts....

...construction liens), ‘the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.’” LB Judgment Holdings, LLC v. Boschetti, 271 So. 3d 115, 118–19 (Fla. 3d DCA 2019) (quoting § 48.23(3), Fla. Stat.). Such notices are “not effectual for any purpose beyond [one] year from the commencement of the action and will expire at that time . . . except when the court extends the time of expiration on reasonable notice and for good cause.” § 48.23(2), Fla....

...The motions were heard on April 24, 2000. On May 1, 2000, the trial judge entered a written order denying Hotel Europe’s motion to discharge and dissolve notice of *1151 lis pendens and refusing to compel Aouate to post a bond. This appeal followed. Section 48.23, Florida Statutes (1999), reads, in pertinent parts, as follows: (1)(a) No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby...

...Aouate tried to correct these two procedural deficiencies by filing the Amended Notice of Lis Pen-dens and the Motion to Extend Time for Notice of Lis Pendens on April 12, 2000. We agree with Hotel Europe that Aouate’s attempt to correct these procedural deficiencies does not satisfy the requirements of section 48.23. Section 48.23(2)(a) does not allow the extension of a lis pendens for more than a year unless “the relief sought is disclosed by the initial pleadings to be founded on a duly recorded instrument or on a lien claimed under part 1 of chapter 713 against the property involved ...” See also Avalon Assocs....

...The lis pen-dens was not filed until March 29, 2000, over one year after the lawsuit was initiated and after the notice of appeal was filed. There is no dispute that the initial complaint is not founded upon a recorded instrument or upon a statutory lien, as required by section 48.23(2)....

...Little Arch Creek, 675 So.2d 915, 917 (Fla.1996) (term “lis pendens” literally implies a pending suit; it is defined as the jurisdiction, power, or control which courts acquire over property involved in a pending suit) (citation omitted). Furthermore, we agree with Hotel Europe that even if section 48.23 allowed a lis pendens in this case, once the *1152 lawsuit was concluded and an appeal taken, the trial court was obligated as a matter of law to require Aouate to post a bond to maintain the lis pendens....

...d not harm Roberta. Where an initial pleading does not show that the action is founded on a duly recorded instrument or mechanic’s lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23(3), Fla.Stat. (1991). This court has held that under section 48.23(3) two consequences attach to the filing of a notice of lis pendens where “the relief sought is neither founded upon a mechanic’s lien nor a recorded instrument: the notice expires after one year if not extended by order of the cour...

...as a result, the trial court was required to control or discharge KMD's notice of lis pendens in the same manner in which the court may grant and dissolve injunctions. We agree. Florida's lis pendens statute provides, in pertinent part, as follows: 48.23 Lis pendens....

...(3) When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23, Fla....

...dealing with it." Id. In Avalon, the plaintiff pled that its claims were "founded on the alleged breach of an unrecorded development agreement." Though there was a "consensual lien" involved, that was "not determinative" for the Avalon court because section 48.23 of the Florida Statutes requires that the "action be founded on the recorded instrument." Avalon, 760 So.2d at 1134-1135....

notice of lis pendens had expired, pursuant to section 48.23(2), Florida Statutes (2016). That statute, however

...3Count I of Guerra’s Amended Complaint sought to rescind the subject quitclaim deed, and Count II sought to quiet title in the subject property to Guerra. 2 authorize Guerra to record a lis pendens as a matter of right. See § 48.23(3), Fla. Stat....

...not an action “founded on the terms and provisions” of the recorded instrument, “but on the circumstances surrounding the execution” of the recorded instrument; therefore, the plaintiff was not entitled to a lis pendens as a matter of right). Hence, as required by section 48.23(3), the trial court adjudicated Rodriguez’s motion as if Guerra’s notice of lis pendens was a temporary injunction. § 48.23(3), Fla....

...founded upon a duly recorded instrument,” and therefore, a notice of lis pendens 1 filed in such an action is not “effectual for any purpose beyond one year from the commencement of the action ... except when the court extends the time on reasonable notice and for good cause.” § 48.23(2), Fla....

...L & N Grove, Inc., 244 So.2d 154 (Fla. 2d DCA 1971), and certify the following question as being of great public importance: WHETHER A SUIT TO SET ASIDE A CONVEYANCE OF REAL PROPERTY IS AN ACTION “FOUNDED ON A DULY RECORDED INSTRUMENT” AS SET FORTH IN SECTION 48.23, FLORIDA STATUTES (1985), AUTHORIZING THE MAINTENANCE OF A NOTICE OF LIS PENDENS AS OF RIGHT....

...time during the pendency of the proceeding, may file a RICO lien notice in the official records of any one or more counties. Subsequently, appellant moved to discharge the lis pendens for failure to meet the requirements of the lis pendens statute. § 48.23, Fla.Stat....

...f its section 895.05(12)(a) *337 notice, in accordance with the requirements of section 895.05(12)(e). According to appellant, the State’s lien priority relates back only to the date of the State’s filing its amended notice of lis pendens. See §§ 48.23, 895.05(2)(b), Fla.Stat....