Florida Statute 48.23 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

View Entire Chapter

F.S. 48.23

48.23 Lis pendens.—

(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 only if a notice of lis pendens is recorded in the official records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.

(b)1. An action that is filed for specific performance or that is not based on a duly recorded instrument has no effect, except as between the parties to the proceeding, on the title to, or on any lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.

2. Any person acquiring for value an interest in, or lien upon, the real or personal property during the pendency of an action described in subparagraph 1., other than a party to the proceeding or the legal successor by operation of law, or personal representative, heir, or devisee of a deceased party to the proceeding, shall take such interest or lien exempt from all claims against the property that were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive notice of the proceeding or of the claims made therein or the documents forming the causes of action against the property in the proceeding.

a. The names of the parties.

b. The date of the institution of the action, the date of the clerk’s electronic receipt, or the case number of the action.

c. The name of the court in which it is pending.

d. A description of the property involved or to be affected.

e. A statement of the relief sought as to the property.

2. In the case of any notice of lis pendens filed on the same date as the pleading upon which the notice is based, the clerk’s notation of the date of receipt on the notice shall satisfy the requirement that the notice contain the date of the institution of the action.

(d) Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, 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 and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien moves to intervene in such proceedings within 30 days after the recording of the notice and the court ultimately grants the motion. 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. A valid recorded notice of lis pendens of such proceedings prosecuted to a judicial sale remains in effect through the recording of any instrument transferring title to the property pursuant to the final judgment unless it expires, is withdrawn, or it is otherwise discharged. 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.

(2) 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 sought is disclosed by the pending 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 of expiration on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires.

(3) 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 property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.

(4) This section applies to all actions now or hereafter pending in any state or federal courts in this state, but the period of time specified in subsection (2) does not include the period of pendency of any action in an appellate court.

History.—RS 1220; GS 1649; RGS 2853; ss. 1-3, ch. 12081, 1927; CGL 4550; s. 1, ch. 24336, 1947; s. 4, ch. 67-254; s. 1, ch. 67-567; s. 1, ch. 85-308; s. 19, ch. 90-109; s. 5, ch. 93-250; s. 1, ch. 2009-39; s. 1, ch. 2019-67.

Note.—Former s. 47.49.

F.S. 48.23 on Google Scholar

F.S. 48.23 on CourtListener

Amendments to 48.23

Annotations, Discussions, Cases:

Cases Citing Statute 48.23

Total Results: 182

Department of Law Enf. v. Real Property

588 So. 2d 957, 1991 WL 155125

Supreme Court of Florida | Filed: Dec 2, 1991 | Docket: 1708313

Cited 106 times | Published

today's decision, we recede therefrom. [17] See § 48.23, Fla. Stat. (1989).

United States v. Register

182 F.3d 820, 1999 U.S. App. LEXIS 17875, 1999 WL 551160

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1999 | Docket: 1447993

Cited 93 times | Published

judgment.”) (emphasis added); Fla. Stat. Ann. § 48.23(l)("(a) No action in any of the state or federal

Chiusolo v. Kennedy

614 So. 2d 491, 1993 WL 46636

Supreme Court of Florida | Filed: Feb 25, 1993 | Docket: 449355

Cited 47 times | Published

the court may grant and dissolve injunctions. § 48.23(3), Fla. Stat. (1991).

Bothmann v. Harrington

458 So. 2d 1163

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 2512508

Cited 40 times | Published

filing of a defective notice under the statute. Section 48.23(1)(a), Florida Statutes (1983), requires a number

Procacci v. Zacco

402 So. 2d 425

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 227973

Cited 38 times | Published

pendens which contained information permitted by Section 48.23(1)(a), Florida Statutes (1975). Here, the notice

Med. Facilities Dev. v. Little Arch Creek

675 So. 2d 915, 1996 WL 336079

Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 1323121

Cited 26 times | Published

a construction lien and is thus governed by section 48.23(3), Florida Statutes (1995). We have jurisdiction

Adhin v. First Horizon Home Loans

44 So. 3d 1245, 2010 Fla. App. LEXIS 14544, 2010 WL 3808693

District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 60295555

Cited 25 times | Published

untimely under section 48.23(l)(b), Florida Statutes (2008).1 Appellants contend that section 48.23(l)(b), a

Mohican Valley, Inc. v. MacDonald

443 So. 2d 479, 1984 Fla. App. LEXIS 11322

District Court of Appeal of Florida | Filed: Jan 12, 1984 | Docket: 1746792

Cited 19 times | Published

Jr., SHARP and COWART, JJ., concur. NOTES [1] § 48.23(3), Fla. Stat. (1981) provides: When the initial

Kent v. Kent

431 So. 2d 279

District Court of Appeal of Florida | Filed: May 12, 1983 | Docket: 38342

Cited 19 times | Published

and simple reason for the distinction made by Section 48.23(3), Fla. Stat. (1981), between a lis pendens

Muniz v. Crystal Lake Project, LLC

947 So. 2d 464, 2006 Fla. App. LEXIS 17649, 2006 WL 3019581

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1720241

Cited 18 times | Published

pendens statutorily expired on March 12, 2005 per section 48.23, Florida Statutes.[2] As to the Seller's counterclaim

S AND T BUILDERS v. Globe Properties, Inc.

944 So. 2d 302, 31 Fla. L. Weekly Supp. 792, 2006 Fla. LEXIS 2685, 31 Fla. L. Weekly Fed. S 792

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 293927

Cited 14 times | Published

the court may grant and dissolve injunctions. § 48.23(3), Fla. Stat. (2005) (emphasis supplied).[3] Thus

Cain & Bultman, Inc. v. Miss Sam, Inc.

409 So. 2d 114

District Court of Appeal of Florida | Filed: Jan 27, 1982 | Docket: 526555

Cited 14 times | Published

does not matter in this case because, under section 48.23(2), Florida Statutes, the lis pendens filed

American Legion Community Club v. Diamond

561 So. 2d 268, 1990 WL 62029

Supreme Court of Florida | Filed: May 10, 1990 | Docket: 1740210

Cited 13 times | Published

A DULY RECORDED INSTRUMENT" AS SET FORTH IN SECTION 48.23, FLORIDA STATUTES (1985), AUTHORIZING THE MAINTENANCE

Feinstein v. Dolene, Inc.

455 So. 2d 1126

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316704

Cited 13 times | Published

pendens. Marvin Feinstein then moved, pursuant to section 48,23(3), Florida Statutes (1983), to have the lis

Glusman v. Warren

413 So. 2d 857

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1344671

Cited 13 times | Published

court lacked the power to impose a bond under Section 48.23(3), Florida Statutes (1979), and second, that

Ross v. Breder

528 So. 2d 64, 1988 WL 67761

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 1717694

Cited 12 times | Published

upon a duly recorded instrument as required by section 48.23(3), Florida Statutes (1987). The trial court

Cacaro v. Swan

394 So. 2d 538

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 1692301

Cited 12 times | Published

subsequently moved to discharge in accordance with Section 48.23, Florida Statutes (1979). The trial court, after

Sunrise Point, Inc. v. Foss

373 So. 2d 438

District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 1772440

Cited 12 times | Published

recorded instrument or ... mechanic's lien," Section 48.23(3), Florida Statutes (1975) provides that the

Hallmark Mfg. Inc. v. Lujack Const. Co.

372 So. 2d 520

District Court of Appeal of Florida | Filed: Jun 27, 1979 | Docket: 1325624

Cited 12 times | Published

court or before this Court the existence of Section 48.23(3) Fla. Stat. (1977), which provides as follows:

Avalon Ass. of Del. Limited v. Avalon Park Ass. Inc.

760 So. 2d 1132

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 1695198

Cited 11 times | Published

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

Avalon Ass. of Del. Limited v. Avalon Park Ass. Inc.

760 So. 2d 1132

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 1695198

Cited 11 times | Published

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

Munilla v. Espinosa

533 So. 2d 895, 1988 WL 117616

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2583059

Cited 11 times | Published

court not to require the posting of a bond. See Section 48.23(2), Florida Statutes (1987). The defendant having

Buffington v. Torcise

504 So. 2d 490

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 453359

Cited 11 times | Published

court order), dismissing the lis pendens, see § 48.23(3), Fla. Stat. (1985), or in entering a default

Cooper Village, Inc. v. Moretti

383 So. 2d 705

District Court of Appeal of Florida | Filed: Apr 30, 1980 | Docket: 2574087

Cited 11 times | Published

Florida Rule of Appellate Procedure 9.130. Section 48.23, Florida Statutes (1978), authorizes the court

Nu-Vision, LLC v. CORPORATE CONVENIENCE

965 So. 2d 232, 2007 Fla. App. LEXIS 13950, 2007 WL 2509848

District Court of Appeal of Florida | Filed: Sep 7, 2007 | Docket: 1509205

Cited 10 times | Published

statute governing lis pendens in Florida. See § 48.23, Fla. Stat. (2006); Chiusolo v. Kennedy, 614 So

United States v. Register

182 F.3d 820

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1999 | Docket: 2018799

Cited 10 times | Published

judgment.”) (emphasis added); Fla. Stat. Ann. § 48.23(1) (“(a) No action in any of the state or federal

Haisfield v. ACP Florida Holdings, Inc.

629 So. 2d 963, 1993 WL 533974

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 1677486

Cited 10 times | Published

from the date of commencement of the action. See § 48.23(2), Fla. Stat. (1991). This period, however, does

Rumsey v. Eastern Distribution, Inc.

445 So. 2d 1085

District Court of Appeal of Florida | Filed: Feb 27, 1984 | Docket: 1685411

Cited 10 times | Published

against the special employer. See Larson, supra at § 48.23; Fox v. Contract Beverage Packers, Inc., 398 N

Hough v. Bailey

421 So. 2d 708

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1372522

Cited 10 times | Published

a recorded instrument within the meaning of Section 48.23(3), Florida Statutes (1981), and, secondly,

FLORIDA PEACH CORP., ETC. v. Lurie

411 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 1697038

Cited 9 times | Published

action is founded on a duly recorded instrument. § 48.23(3), Fla. Stat. (1981).[2] If a lis pendens is based

Chapman v. L & N GROVE, INC.

244 So. 2d 154

District Court of Appeal of Florida | Filed: Feb 10, 1971 | Docket: 1537932

Cited 9 times | Published

statutory in Florida. The pertinent part of F.S. § 48.23 F.S.A., the Lis Pendens statute, is set forth in

U.S. Bank National Ass'n. v. Bevans

138 So. 3d 1185, 2014 WL 2118190, 2014 Fla. App. LEXIS 7705

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240526

Cited 8 times | Published

record a lis pendens. In support, Striding cites section 48.23(b), Florida Statutes (2012), which reads, in

Gordon v. Barley

383 So. 2d 322

District Court of Appeal of Florida | Filed: May 14, 1980 | Docket: 383036

Cited 8 times | Published

was founded on a duly recorded instrument. Section 48.23, Florida Statutes, provides that in such cases

Kirk v. Baumann

336 So. 2d 125

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 1720916

Cited 8 times | Published

relief, filed a notice of lis pendens pursuant to § 48.23, F.S. 1975, intending *126 thereby to prevent alienation

Sparks v. Charles Wayne Group

568 So. 2d 512, 1990 WL 159033

District Court of Appeal of Florida | Filed: Oct 19, 1990 | Docket: 1526654

Cited 7 times | Published

the property in Flagler County. Pursuant to section 48.23(3), Florida Statutes (1989), when the pleading

Westburne Supply v. Comm. Villas Partners

508 So. 2d 431

District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 1152835

Cited 7 times | Published

lis pendens against the property pursuant to section 48.23, Florida Statutes (1985). Defendants moved to

Berkley Multi-Units, Inc. v. Linder

464 So. 2d 1356, 10 Fla. L. Weekly 734, 1985 Fla. App. LEXIS 12989

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1193489

Cited 7 times | Published

the court may grant and dissolve injunctions. § 48.23(3), Fla. Stat. (1983). The concept which has created

HALLMARK BLDRS. v. Hickory Lakes of Brandon

458 So. 2d 45, 9 Fla. L. Weekly 2227, 1984 Fla. App. LEXIS 15542

District Court of Appeal of Florida | Filed: Oct 17, 1984 | Docket: 1733118

Cited 7 times | Published

not founded on a duly recorded instrument. See § 48.23(3), Fla. Stat. (1983). A petition for writ of certiorari

Nationstar Mortgage, LLC v. Weiler

227 So. 3d 181, 2017 WL 2304265, 2017 Fla. App. LEXIS 7654

District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6066407

Cited 6 times | Published

different grounds. First, the Weilers argued that section 48.23, Florida Statutes (2014) (the notice of lis

Fischer v. Fischer

873 So. 2d 534, 2004 WL 1103997

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1451470

Cited 6 times | Published

up to fifty percent of its appraised value. Section 48.23(3), Florida Statutes (2003), applies when the

LENNAR FLA. HOLDINGS v. First Family Bank

660 So. 2d 1122, 1995 Fla. App. LEXIS 9257, 1995 WL 516440

District Court of Appeal of Florida | Filed: Sep 1, 1995 | Docket: 1637054

Cited 6 times | Published

duly recorded instrument or mechanic's lien. See § 48.23(3), Fla. Stat. (1993); Mohican Valley, Inc. v.

Roger Homes Corp. v. PERSANT CONST. CO.

637 So. 2d 5, 1994 Fla. App. LEXIS 4132, 1994 WL 162792

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 422924

Cited 6 times | Published

maintenance of a lis pendens is controlled by section 48.23, Florida Statutes (1993), which requires that

Peabey Associates v. Haisfield (In Re Haisfield Enterprises)

154 B.R. 803, 7 Fla. L. Weekly Fed. B 123, 1993 Bankr. LEXIS 719, 24 Bankr. Ct. Dec. (CRR) 445

United States Bankruptcy Court, S.D. Florida. | Filed: May 24, 1993 | Docket: 1440816

Cited 6 times | Published

state court analogized the language in Fla.Stat. § 48.23(3) governing the filing of a lis pendens with the

Boca Raton Land Development, Inc. v. Sparling

397 So. 2d 1053

District Court of Appeal of Florida | Filed: May 13, 1981 | Docket: 1357348

Cited 6 times | Published

the filing and discharge of a lis pendens is Section 48.23, Florida Statutes (1979). The statute provides

Blue Star Palms, LLC v. LED Trust, LLC

128 So. 3d 36, 2012 Fla. App. LEXIS 18416, 2012 WL 5232954

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60237075

Cited 5 times | Published

pertinent part of the lis pendens statute, section 48.23(3), Florida Statutes (2012), provides: When

DeGuzman v. Balsini

930 So. 2d 752, 2006 WL 1222395

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 1469137

Cited 5 times | Published

to comply with the statutory requirements of section 48.23(1)(a), Florida Statutes (2005). Specifically

Loidl v. I & E GROUP, INC.

927 So. 2d 1016, 2006 WL 1098275

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 1764954

Cited 5 times | Published

apparently based its decision on the language in section 48.23(3), Florida Statutes (1987), which states, "When

Vonmitschke-Collande v. Kramer

841 So. 2d 481, 2002 WL 31828192

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 1656630

Cited 5 times | Published

review was taking place is erroneous. Although Section 48.23(2), Florida Statutes (2001) sets up such a time

Seligman v. North American Mortg. Co.

781 So. 2d 1159, 2001 WL 313597

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1292615

Cited 5 times | Published

be recorded according to law . . . However, section 48.23, Florida Statutes (1997), entitled Lis Pendens

Moss v. ARCA DEVELOPMENT, INC.

687 So. 2d 70, 1997 Fla. App. LEXIS 399, 1997 WL 43644

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 1345641

Cited 5 times | Published

in the public records of Dade county. Under section 48.23(3), Florida Statutes (1995),[1] they are therefore

Med. Fac. v. Little Arch Creek Properties

656 So. 2d 1300

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 2556830

Cited 5 times | Published

1 (Fla. 3d DCA 1988). II. Florida Statutes section 48.23 governs the use of a lis pendens, and treats

State-Wide Construction, Inc. v. Dowda

424 So. 2d 198

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 1708277

Cited 5 times | Published

Florida. The lis pendens was filed pursuant to section 48.23(1), Florida Statutes (1981),[1] in connection

Chafetz v. Price

385 So. 2d 104

District Court of Appeal of Florida | Filed: Jun 10, 1980 | Docket: 1700497

Cited 5 times | Published

was filed and before the April 16 closing date. § 48.23(2), Fla. Stat. (1979).

CAM Corp. of Broward v. Goldberger

368 So. 2d 56

District Court of Appeal of Florida | Filed: Feb 7, 1979 | Docket: 2549317

Cited 5 times | Published

mechanic's lien. Under these circumstances Section 48.23 Florida Statutes allows the court to deal with

Dominguez v. Lopez

346 So. 2d 627

District Court of Appeal of Florida | Filed: May 31, 1977 | Docket: 1410914

Cited 5 times | Published

the court may grant or dissolve injunctions. Section 48.23(3), Florida Statutes (1975).[2] With respect

Betsy Ross Hotel, Inc. v. AG GLADSTONE ASSOCIATES, INC.

833 So. 2d 211, 2002 Fla. App. LEXIS 18560, 2002 WL 31828878

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 1289287

Cited 4 times | Published

is founded on a duly recorded instrument.[1] Section 48.23, Florida Statutes (1999), which governs various

GOLDEN SHORES PROPERTIES v. Santopietro

792 So. 2d 644, 2001 WL 980965

District Court of Appeal of Florida | Filed: Aug 28, 2001 | Docket: 1416469

Cited 4 times | Published

court ordered the discharge of the lis pendens. Section 48.23(3), Florida Statutes (2000), provides that "[w]hen

Decubellis v. Ritchotte

730 So. 2d 723, 1999 WL 49362

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 1646780

Cited 4 times | Published

reading of the lis pendens statute and case-law. Section 48.23, Florida Statutes (1997) defines the effect

United States v. St. Pierre

950 F. Supp. 334, 1996 U.S. Dist. LEXIS 19797, 1996 WL 756509

District Court, M.D. Florida | Filed: Dec 10, 1996 | Docket: 1799618

Cited 4 times | Published

court. See 28 U.S.C. § 1964 (1994); Fla.Stat.Ann. § 48.23 (West 1994). While a notice of lis pendens may

SCG Travel, Inc. v. Westminster Financial Corp.

583 So. 2d 723, 1991 WL 117031

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1284071

Cited 4 times | Published

pendens did not constitute compliance with section 48.23(3), Florida Statutes (1989), and subsection

Bailey v. Rolling Meadow Ranch, Inc.

566 So. 2d 63, 1990 WL 125114

District Court of Appeal of Florida | Filed: Aug 30, 1990 | Docket: 1529091

Cited 4 times | Published

the court may grant and dissolve injunctions." § 48.23(3), Fla. Stat. (1987). The court has such ability

Baghaffar v. Story

515 So. 2d 1373, 1987 WL 2037

District Court of Appeal of Florida | Filed: Dec 3, 1987 | Docket: 1467909

Cited 4 times | Published

452 So.2d 1126 (Fla. 3d DCA 1984). [4] See section 48.23(3), Florida Statutes (1985), which provides

Sierra v. Santana (In Re Sierra)

79 B.R. 89, 1987 Bankr. LEXIS 1679

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 30, 1987 | Docket: 1796579

Cited 4 times | Published

1976). There is no indication in Florida Statute § 48.23, which provides for lis pendens in the State of

Sierra v. Santana (In Re Sierra)

79 B.R. 89, 1987 Bankr. LEXIS 1679

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 30, 1987 | Docket: 1796579

Cited 4 times | Published

1976). There is no indication in Florida Statute § 48.23, which provides for lis pendens in the State of

Fernandez-Aguirre v. Gall

484 So. 2d 1286, 11 Fla. L. Weekly 505

District Court of Appeal of Florida | Filed: Feb 25, 1986 | Docket: 1344435

Cited 4 times | Published

DCA), cert. denied, 374 So.2d 99 (Fla. 1979); § 48.23(1)(a), Fla. Stat. (1985). The judgment under review

FLORIDA COMMUNITIES HUTCHINSON ISL. v. Arabia

452 So. 2d 1131

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 2509706

Cited 4 times | Published

those contentions. This action is governed by section 48.23(3), Florida Statutes (1983): (3) When the initial

Wiggins v. Dojcsan

411 So. 2d 894

District Court of Appeal of Florida | Filed: Feb 12, 1982 | Docket: 1327039

Cited 4 times | Published

proceedings. We hold that neither act is necessary. Section 48.23(3), Florida Statutes (1979), provides: When

Commodore Plaza, Etc. v. Century 21, Etc.

290 So. 2d 539

District Court of Appeal of Florida | Filed: Feb 12, 1974 | Docket: 450841

Cited 4 times | Published

the statutory authority accorded by Fla. Stat. § 48.23(3), F.S.A.,[1] to control and discharge the notice

Weiss Ortiz v. Weiss

227 So. 3d 689

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145451

Cited 3 times | Published

would the bond for a temporary injunction. Section 48.23(3), Fla. Stat. (2017) (“When the pending pleading

Phillips v. Epic Aviation, LLC

234 F. Supp. 3d 1174, 2017 WL 202541, 2017 U.S. Dist. LEXIS 6986

District Court, M.D. Florida | Filed: Jan 18, 2017 | Docket: 64312672

Cited 3 times | Published

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

Whitburn, LLC v. Wells Fargo Bank, N.A.

190 So. 3d 1087, 2015 Fla. App. LEXIS 18951, 2015 WL 9258474

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022463

Cited 3 times | Published

recognize that Florida's lis pendens statute, section 48.23, Florida Statutes (2012), is more than just

J.B.J. Investment of South Florida, Inc. v. Maslanka

163 So. 3d 726, 2015 Fla. App. LEXIS 6431, 2015 WL 1942877

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247740

Cited 3 times | Published

pendens on property owned by Respondents. See § 48.23(2), Fla. Stat. (2013). The underlying lawsuit ensued

U.S. Bank Nat. Ass'n v. Quadomain Condominum Ass'n

103 So. 3d 977, 2012 Fla. App. LEXIS 21794, 2012 WL 6600349

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227275

Cited 3 times | Published

power than they are at common law by virtue of section 48.23, Florida Statutes (2010), which states in pertinent

Bank of America v. Bank of Salem

48 So. 3d 155, 2010 Fla. App. LEXIS 17947, 2010 WL 4723028

District Court of Appeal of Florida | Filed: Nov 22, 2010 | Docket: 2402143

Cited 3 times | Published

expired one year after the date they were filed. See § 48.23(2), Fla. Stat. (2003). Neither party attempted

Levin v. Lang

994 So. 2d 445, 2008 WL 4724145

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 2548221

Cited 3 times | Published

may be incurred during the lis pendens period. § 48.23(3), Fla. Stat. (2004); Med. Facilities Dev., Inc

Olesh v. Greenberg

978 So. 2d 238, 2008 WL 895713

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 1508796

Cited 3 times | Published

inquiry in the instant case, however, because section 48.23(2), Florida Statutes, limits the validity of

Taylor v. Steckel

944 So. 2d 494, 2006 WL 3615076

District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 120581

Cited 3 times | Published

one year after commencement of the action. Section 48.23 of the Florida Statutes expressly confers control

S AND T BUILDERS v. Globe Properties, Inc.

909 So. 2d 375, 2005 WL 1812908

District Court of Appeal of Florida | Filed: Sep 23, 2005 | Docket: 1663199

Cited 3 times | Published

(Fla. 1st DCA 1985), but deem them inapposite. Section 48.23(3), Florida Statutes (2003), provides, with

Chiusolo v. Kennedy

589 So. 2d 420, 1991 WL 234580

District Court of Appeal of Florida | Filed: Nov 14, 1991 | Docket: 1730722

Cited 3 times | Published

as it can grant and dissolve injunctions. See § 48.23(3), Fla. Stat. (1989). Where a party burdened by

Wagner v. Birdman

460 So. 2d 463

District Court of Appeal of Florida | Filed: Dec 4, 1984 | Docket: 1399876

Cited 3 times | Published

authority in the statutes providing for such fees. Section 48.23(3), Florida Statutes (1983). Therefore we reverse

Dunn v. Stack

394 So. 2d 1076

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 1692191

Cited 3 times | Published

relief sought as to the described property. Section 48.23(1)(a), Florida Statutes (1971). At the time

GIFFEN IND., ETC. v. Southeastern Associates, Inc.

357 So. 2d 217

District Court of Appeal of Florida | Filed: Mar 28, 1978 | Docket: 453682

Cited 3 times | Published

bar to Giffen's foreclosure of mechanic's lien. § 48.23(1)(b), Florida Statutes, provides in pertinent

Worldwide Dev.-Kendale Lakes West v. Lot Head., Inc.

305 So. 2d 271, 1974 Fla. App. LEXIS 7440

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 457208

Cited 3 times | Published

or other person, ..." and on the authority of § 48.23(3), Fla. Stat., which states that "(3) When the

Carlisle v. U.S. Bank, National Ass'n

225 So. 3d 893, 2017 WL 3044674, 2017 Fla. App. LEXIS 10421

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122327

Cited 2 times | Published

judgment rendered in the foreclosure action. See § 48.23(l)(d), Fla. Stat. (2016). Moreover, Carlisle was

100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC

180 So. 3d 134, 2015 Fla. App. LEXIS 15991, 2015 WL 6499331

District Court of Appeal of Florida | Filed: Oct 28, 2015 | Docket: 3007731

Cited 2 times | Published

interpreted and applied the lis pendens statute, section 48.23, Florida Statutes (2014), and the declaration

Nikooie v. JPMorgan Chase Bank, N.A.

183 So. 3d 424, 2014 Fla. App. LEXIS 20020, 2014 WL 6911148

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613274

Cited 2 times | Published

intervention” under the lis pendens statute, section 48.23(l)(b), Florida Statutes (2007): Except for the

Nobe Bay Holdings, LLC v. Garcia

140 So. 3d 693, 2014 Fla. App. LEXIS 8924, 2014 WL 2608442

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60241591

Cited 2 times | Published

Medical Facilities, “in situations governed by section 48.23(3), [Fla. Stat.], it is within the trial court’s

McMillan/Miami, LLC. v. Krystal Capital Managers, LLC.

1 So. 3d 312, 2009 Fla. App. LEXIS 352, 2009 WL 128648

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 60224762

Cited 2 times | Published

2006), the Florida Supreme Court concluded that section 48.23 of the Florida Statutes “permits a recovery

Ness Racquet Club, LLC v. RENZI HOLDINGS

959 So. 2d 758, 2007 Fla. App. LEXIS 8030, 2007 WL 1485645

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 528083

Cited 2 times | Published

expires. Lis pendens in Florida is governed by section 48.23 of the Florida Statutes. "Unless the initial

Oz v. Countrywide Home Loans, Inc.

953 So. 2d 619, 2007 WL 837185

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1339170

Cited 2 times | Published

constructive notice of Oz's claims in violation of section 48.23, Florida Statutes (2005). Appellee Countrywide

Aryeh Trading v. Trimfast Group, Inc.

778 So. 2d 336, 2000 Fla. App. LEXIS 16947, 2000 WL 1879820

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 1687026

Cited 2 times | Published

to maintain a lis pendens as of right, but section 48.23, Florida Statutes (1999), was designed to moderate

Joge Investments, Inc. v. Millennium Capital

724 So. 2d 728, 1999 WL 68740

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1733981

Cited 2 times | Published

evidentiary hearing was held on the issue of bond. Section 48.23(1)(a), Florida Statutes (1997), requires that

Rodriguez v. Banco Indus. De Venezuela, CA

576 So. 2d 870, 1991 WL 35356

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1242809

Cited 2 times | Published

to discharge the lis pendens. We disagree. Section 48.23(3), Florida Statutes (1989), provides that "[w]hen

Albega Corp. v. Manning

468 So. 2d 1109, 10 Fla. L. Weekly 1256

District Court of Appeal of Florida | Filed: May 21, 1985 | Docket: 1402613

Cited 2 times | Published

reason for striking the notice as to count 1.[1] Section 48.23(2), Florida Statutes (1983), provides that in

FL HOMES 1, LLC and JOSE PEREZ v. TOULA KOKOLIS, as Trustee, etc.

271 So. 3d 6

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566692

Cited 1 times | Published

such unrecorded interests were discharged by section 48.23, Florida Statutes. Appellants responded

Bankers Lending Services, Inc. v. Regents Park Investments, LLC

225 So. 3d 884, 2017 Fla. App. LEXIS 9380, 2017 WL 2794207

District Court of Appeal of Florida | Filed: Jun 28, 2017 | Docket: 6081456

Cited 1 times | Published

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

Landmark At Crescent Ridge LP v. Everest Financial, Inc., a California Corporation

219 So. 3d 218, 2017 WL 2126626, 2017 Fla. App. LEXIS 6936

District Court of Appeal of Florida | Filed: May 16, 2017 | Docket: 6067431

Cited 1 times | Published

relief, the causes are related in light of section 48.23, Florida Statutes. That statute provides that

Regents Park Investments, LLC v. Bankers Lending Services, Inc.

197 So. 3d 617, 2016 Fla. App. LEXIS 11084, 2016 WL 3911219

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112460

Cited 1 times | Published

Court cited the language of Florida Statute Section 48.23(3) which states that when an action is not founded

In Re Whitehead

399 B.R. 570, 21 Fla. L. Weekly Fed. B 693, 2009 Bankr. LEXIS 118

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 26, 2009 | Docket: 1490319

Cited 1 times | Published

code. In accord with 11 U.S.C. § 547, Fla. Stat. § 48.23, and applicable case law, I find the Notices of

HAVEN CENTER, INC. v. Meruelo

995 So. 2d 1166, 2008 Fla. App. LEXIS 18485, 2008 WL 5156664

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1684977

Cited 1 times | Published

governed by the law applicable to injunctions. See § 48.23(3), Fla. Stat. (2005). Because the lis pendens

Carran v. Morgan

510 F. Supp. 2d 1053, 2007 U.S. Dist. LEXIS 13097, 2007 WL 628129

District Court, S.D. Florida | Filed: Feb 26, 2007 | Docket: 1808600

Cited 1 times | Published

dispute.[8] With respect to a lis pendens, section 48.23(3) of Florida Statutes applies when a complaint

Carran v. Morgan

510 F. Supp. 2d 1053, 2007 U.S. Dist. LEXIS 13097, 2007 WL 628129

District Court, S.D. Florida | Filed: Feb 26, 2007 | Docket: 1808600

Cited 1 times | Published

dispute.[8] With respect to a lis pendens, section 48.23(3) of Florida Statutes applies when a complaint

Stinnett v. Dodson

575 So. 2d 1350, 1991 Fla. App. LEXIS 1931, 1991 WL 29481

District Court of Appeal of Florida | Filed: Mar 8, 1991 | Docket: 64657054

Cited 1 times | Published

action “is founded on a duly recorded instrument.” § 48.23(3), Fla.Stat. (1989).1 GHD owns land in Sarasota

Federal Savings & Loan Insurance v. Florida 100 Development Group, Inc.

670 F. Supp. 1577, 1987 U.S. Dist. LEXIS 9513

District Court, S.D. Florida | Filed: Oct 7, 1987 | Docket: 251780

Cited 1 times | Published

county clerk's office. Fla.Stat.Ann. § 48.23(1)(a) (West 1987). As § 48.23(1)(b) provides, "the filing of such

Cleveland Trust Co. v. Ousley Sod Co.

351 So. 2d 58

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 1246718

Cited 1 times | Published

reversed. The Florida lis pendens statute, Section 48.23(1)(b), Florida Statutes (1975), provides that

MacAna Investments, LLC v. Longridge Financial LLC and Garfield at Century Village Condominium Association

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70890934

Published

Fund, 225 So. 3d 893, 895 (Fla. 3d DCA 2017); § 48.23(1)(d), Fla. Stat. (2023). As explained in Carlisle:

Michael Alexander Trujillo v. Mysora Garcia

District Court of Appeal of Florida | Filed: Dec 18, 2024 | Docket: 69477349

Published

the court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat. (2024). Nevertheless, a

HUTCHINS v. SCT TRADING, LLC, 8831 W. HILLSBOROUGH AVE, INC.

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69021510

Published

pendens. The trial court granted the motion.1 See § 48.23(2), Fla. Stat. (2023) ("A notice of lis pendens

KIRKPATRICK TRUST, A FLORIDA LAND TRUST DATED JULY 1, 2021 v. LAKEVIEW LOAN SERVICING, LLC., DARCHEL HOUSTON

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 68155855

Published

one governed by section 48.23(1)(d), Florida Statutes. See Fla. R. Civ. P. 1.230; § 48.23(1)(d), Fla. Stat

Adeena Weiss-Ortiz, etc. v. TIG Romspen US Master Mortgage LP

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084209

Published

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

ADEENA WEISS, etc. v. CAROLINE WEISS

District Court of Appeal of Florida | Filed: Oct 11, 2023 | Docket: 67870818

Published

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

Ekaterina Zakharova v. Innovative Technologies & Consulting Limited Corp.

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67743705

Published

ANALYSIS Section 48.23, Florida Statutes (2023), confers control over

SHARON MOORE BODE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc.

District Court of Appeal of Florida | Filed: Feb 24, 2023 | Docket: 66858867

Published

pendens in the instant case, and affirm. 1 See § 48.23(3), Fla. Stat. (2022) (“When the pending pleading

INLET COLONY, LLC v. WIGHT MARTINDALE, III

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352050

Published

Property Sales and Exchanges § 82 (1984)). Section 48.23, Florida Statutes (2020) controls the discharge

NERJA I. JAKUBOW v. RAFAEL JAKUBOW

District Court of Appeal of Florida | Filed: May 4, 2022 | Docket: 63285654

Published

appellant’s argument, and deny the petition. See § 48.23(3), Fla. Stat. (2021) (“When the pending pleading

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180090

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180087

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180091

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

FRANK E. WALSH, III v. KIMBERLY ABATE, SUCCESSOR TRUSTEE OF THE 3388 BARROW ISLAND TRUST

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180115

Published

the court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat. (2020); see also Jameson v. Jameson

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST, ETC. v. GULFSTREAM OF LAS OLAS CONDOMINIUM ASSOC. INC.

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637695

Published

JKM Services. The trial court relied on section 48.23(1)(d), Florida Statutes (2020), and U.S. Bank

PRONTOCASH, LLC v. THE AUTOBOUTIQUE OF MIAMI, INC.

District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601889

Published

118–19 (Fla. 3d DCA 2019) provided, Section 48.23, Florida Statutes (2018), governs notices of

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108426

Published

notice of lis pendens—which is governed by section 48.23, Florida Statutes—provided sufficient notice

DAVID PETKOVICH v. SANDY POINT CONDOMINIUM APARTMENTS ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025582

Published

a duly recorded instrument, as provided in section 48.23, Florida Statutes. 1 Relying upon the Florida

JACK TOWNSEND III, TRUSTEE v. C.T. BOX, TRUSTEE

District Court of Appeal of Florida | Filed: Feb 12, 2020 | Docket: 16834859

Published

such unrecorded interests and liens. . . . § 48.23(1)(b), Fla. Stat. (2002) (emphasis added). 2

Lb Judgment Holdings v. Boschetti

271 So. 3d 115

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693163

Published

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

Nieto Villamizar v. Luna Capital Partners

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8110466

Published

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

Nieto Villamizar v. Luna Capital Partners

260 So. 3d 355

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074511

Published

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

Rodriguez v. Villavicencio Guerra

254 So. 3d 521

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6374995

Published

record a lis pendens as a matter of right. See § 48.23(3), Fla. Stat. (2017); Am. Legion Cmty. Club v

NATIONAL AMERICAN HOME, LLC v. DEUTSCHE BANK NATIONAL TRUST COMPANY

242 So. 3d 1144

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354243

Published

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

Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc.

238 So. 3d 405

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 64673845

Published

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

DITECH FINANCIAL LLC, F/K/A GREEN TREE SERVICING LLC v. VALETTA M. WHITE

222 So. 3d 603, 2017 WL 3169273, 2017 Fla. App. LEXIS 10695

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126111

Published

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

Ober v. Town of Lauderdale-by-the-Sea

213 So. 3d 954, 2017 WL 1076939, 2017 Fla. App. LEXIS 3773

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 60263959

Published

Florida Supreme Court: WHETHER, PURSUANT TO SECTION 48.23(1)(D), FLORIDA STATUTES, THE FILING OF A NOTICE

Zenith Insurance Co. v. Metrobank S.A.

215 So. 3d 135, 2017 Fla. App. LEXIS 3799

District Court of Appeal of Florida | Filed: Mar 22, 2017 | Docket: 4620355

Published

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

Ober v. Town of Lauderdale-By-The-Sea

218 So. 3d 952, 2017 WL 361127, 2017 Fla. App. LEXIS 789

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60266312

Published

following. This case involves the application of section 48.23, Florida Statutes (2014), the lis pendens statute

Jallali v. Knightsbridge Village Homeowners Ass'n

211 So. 3d 216, 2017 Fla. App. LEXIS 82

District Court of Appeal of Florida | Filed: Jan 4, 2017 | Docket: 60262559

Published

relied on Quadomain, 103 So.3d at 978-80, and section 48.23, Florida Statutes (2012). The trial court denied

CitiBank, N.A., not individually etc. v. Unknown Heirs, Beneficiaries

197 So. 3d 1214, 2016 Fla. App. LEXIS 11304, 2016 WL 3974864

District Court of Appeal of Florida | Filed: Jul 25, 2016 | Docket: 4113612

Published

the court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat. (2015). The action in which the

Fallon Rahima Jallali v. Knightsbridge Village Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088370

Published

relied on Quadomain, 103 So. 3d at 978-80, and section 48.23, Florida Statutes (2012). The trial court denied

Fallon Rahima Jallali v. Knightsbridge Village Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031162

Published

judgment of foreclosure based on Quadomain and section 48.23, Florida Statutes (2015). In Quadomain,

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019487

Published

103 So. 3d 977, 979 (Fla. 4th DCA 2012) (citing § 48.23, Fla. Stat. (2010)). "[T]he court presiding

Barnsdale Holdings, LLC v. PHH Mortgage Corp.

170 So. 3d 863, 2015 Fla. App. LEXIS 10728

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2674011

Published

a non-party in the proceeding below); see also § 48.23(l)(d), Fla. Stat. (2014). Intervention was Barnsdale

Fidelity Land Trust Co. v. Centex Home Equity Co.

903 F. Supp. 2d 1317, 2012 WL 5383092, 2012 U.S. Dist. LEXIS 161170

District Court, M.D. Florida | Filed: Nov 2, 2012 | Docket: 65986324

Published

certain real property pursuant to Florida Statute § 48.23, and quieting title vis a vis the Subject Mortgage

Abner v. Johnson

56 So. 3d 137, 2011 Fla. App. LEXIS 3477, 2011 WL 890798

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2362773

Published

Appellate Procedure 9.410 as a sanction, and under section 48.23, Florida Statutes (2009). We agree with the

In Re Amendments to the Florida Rules of Civil Procedure

20 So. 3d 379, 34 Fla. L. Weekly Supp. 559, 2009 Fla. LEXIS 1662, 2009 WL 3132900

Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1639983

Published

form is in response to recent enactment of section 48.23(1)(c), Florida Statutes, which governs the contents

Strategic Empowerment for Economic Development, Inc. v. South Dade Realty, Inc.

14 So. 3d 260, 2009 Fla. App. LEXIS 10357, 2009 WL 2243809

District Court of Appeal of Florida | Filed: Jul 29, 2009 | Docket: 60241304

Published

real estate closing that has yet to occur', see § 48.23(l)(a), Fla. Stat. (2008) (stating that the filing

Nickerson v. WATERMARK MARINA OF PALM CITY

978 So. 2d 187, 2008 WL 36626

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1508556

Published

court may grant on final appeal. We disagree. Section 48.23(3), Florida Statutes (2006), provides, with

de la Fuente v. Adrian Developers Corp.

967 So. 2d 251, 2007 Fla. App. LEXIS 14254, 2007 WL 2609435

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852751

Published

v. Diamond, 561 So.2d 268, 272 (Fla.1990)). Section 48.23(3) states that, when the pleading does not show

Suarez v. KMD CONST., INC.

965 So. 2d 184, 2007 WL 2403209

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 1509106

Published

the court may grant and dissolve injunctions. § 48.23, Fla. Stat. (2006)(emphasis added). The case law

Florida West Realty v. Mdg Lake Trafford

975 So. 2d 479, 2007 Fla. App. LEXIS 10662, 2007 WL 1988843

District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1424880

Published

pendens (hereafter, lis pendens) pursuant to section 48.23, Florida Statutes (2005). Subsequently, MDG

Perdomo v. Cabrera

963 So. 2d 736, 2007 Fla. App. LEXIS 7943, 2007 WL 1490473

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64852000

Published

the court may grant and dissolve injunctions.” § 48.23(3), Fla. Stat. (2006). In the present case the

Schwartz v. Estate of Schwartz

905 So. 2d 1027, 2005 Fla. App. LEXIS 10487, 2005 WL 1561040

District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 64839478

Published

# 1 seek to have the lis pendens extended. Section 48.23(2), Florida Statutes (2003), provides, inter

Tampa Bay 1, L.L.C. v. Lorello Cypress Family Ltd. Partnership

821 So. 2d 434, 2002 Fla. App. LEXIS 10090, 2002 WL 1585620

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 64816422

Published

pendens failed to comply with the provisions of section 48.23(l)(a), Florida Statutes (2000). A hearing was

Menotte v. Pulte (In re Martin)

278 B.R. 634, 15 Fla. L. Weekly Fed. B 163, 2002 Bankr. LEXIS 511, 39 Bankr. Ct. Dec. (CRR) 162

United States Bankruptcy Court, S.D. Florida. | Filed: May 10, 2002 | Docket: 65782395

Published

argument is legally incorrect. Florida Statutes § 48.23 governs notices of lis pendens. The term “lis pendens”

Coppenolle v. Falcone

802 So. 2d 462, 2001 Fla. App. LEXIS 17887, 2001 WL 1623211

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64811024

Published

“duly recorded document” within the meaning of section 48.23(3), Florida Statutes (2001). Bond is not required

Dowdy v. Charter Financial Group, Inc.

122 F. Supp. 2d 1347, 2000 U.S. Dist. LEXIS 19924, 2000 WL 1782327

District Court, M.D. Florida | Filed: Nov 29, 2000 | Docket: 39183

Published

the Lisa Lane property is barred pursuant to section 48.23, Fla. Stat. (1999). The government argues that

Hotel Europe, Inc. v. Aouate

766 So. 2d 1149, 2000 Fla. App. LEXIS 10987, 2000 WL 1224567

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 64800309

Published

Aouate to post a bond. This appeal followed. Section 48.23, Florida Statutes (1999), reads, in pertinent

Avalon Associates of Delaware Ltd. v. Avalon Park Associates, Inc.

760 So. 2d 1132, 2000 Fla. App. LEXIS 8522

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 64798171

Published

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

Thomson v. Thomson

751 So. 2d 103, 1999 Fla. App. LEXIS 17276, 1999 WL 1260016

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64794958

Published

not founded upon a duly recorded instrument, section 48.23(3), Florida Statutes (1997) provides that “the

Sailfish Point, Inc. v. Sailfish Point Owners Representatives ex rel. Jaffe

679 So. 2d 1283, 1996 Fla. App. LEXIS 10050, 1996 WL 539831

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 64767579

Published

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

Medical Facilities Development, Inc. v. Little Arch Creek Properties, Inc.

656 So. 2d 1300, 1995 Fla. App. LEXIS 2585, 1995 WL 106934

District Court of Appeal of Florida | Filed: Mar 15, 1995 | Docket: 64757471

Published

1 (Fla. 3d DCA 1988). II. Florida Statutes section 48.23 governs the use of a lis pendens, and treats

Ago

Florida Attorney General Reports | Filed: Nov 4, 1993 | Docket: 3258556

Published

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

Buchanan v. Sullivan

620 So. 2d 1301, 1993 Fla. App. LEXIS 6659, 1993 WL 217143

District Court of Appeal of Florida | Filed: Jun 23, 1993 | Docket: 64697533

Published

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

Gay v. Gay

604 So. 2d 904, 1992 Fla. App. LEXIS 9332, 1992 WL 213094

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 64669570

Published

dissolution. CLASSIFICATION OF PENDING ACTION Section 48.23(3), Florida Statutes (1989), states: When the

Finkelstein v. Finkelstein

603 So. 2d 715, 1992 Fla. App. LEXIS 9197, 1992 WL 203940

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 64669315

Published

injunctions. § 48.23(3), Fla.Stat. (1991). This court has held that under section 48.23(3) two consequences

Montgomery Ward Development Corp. v. Juster ex rel. estate of Juster

932 F.2d 1378

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 1991 | Docket: 66264421

Published

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

Henhill Corp. v. State, Department of Legal Affairs

578 So. 2d 335, 1991 Fla. App. LEXIS 2969, 1991 WL 45212

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 64658236

Published

meet the requirements of the lis pendens statute. § 48.23, Fla.Stat. (1989). The trial court granted appellant’s

Diamond Builders, Inc. v. Radnor/Sarasota Corp.

572 So. 2d 1018, 1991 Fla. App. LEXIS 31, 1991 WL 517

District Court of Appeal of Florida | Filed: Jan 4, 1991 | Docket: 64655789

Published

duly recorded instrument, or a mechanic’s lien,” § 48.23(3), Fla.Stat. (1989). In Wiggins v. Dojcsan, 411

Bereza v. Jones

566 So. 2d 345, 1990 Fla. App. LEXIS 6563, 1990 WL 126221

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 64652719

Published

duly recorded instrument or a mechanic’s Men. § 48.23, Fla.Stat. (1987). In all other actions, the trial

Simpson v. Simpson

550 So. 2d 153, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5857, 1989 WL 122630

District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 64645506

Published

passed without any court-ordered extension. See § 48.23(2), Fla.Stat. (1989). Thus there is no need for

Hough v. Stewart

543 So. 2d 1279, 14 Fla. L. Weekly 1153, 1989 Fla. App. LEXIS 2584, 1989 WL 48097

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 64642781

Published

Johns County on July 7, 1981, pursuant to section 48.23, Florida Statutes (1981), which provided in

Diamond v. American Legion Community Club of Coconut Grove, Inc.

544 So. 2d 239, 14 Fla. L. Weekly 1037, 1989 Fla. App. LEXIS 2238, 1989 WL 39617

District Court of Appeal of Florida | Filed: Apr 25, 1989 | Docket: 64642866

Published

time on reasonable notice and for good cause.” § 48.23(2), Fla. Stat. (1985); see Ross v. Breder, 528

Porter Homes, Inc. v. Soda

540 So. 2d 195, 14 Fla. L. Weekly 711, 1989 Fla. App. LEXIS 1402, 1989 WL 23510

District Court of Appeal of Florida | Filed: Mar 17, 1989 | Docket: 64641149

Published

not founded upon a duly recorded instrument, section 48.23(3), Florida Statutes (1987), which holds the

Riverside Shoppes, Ltd. v. Chicago Title Insurance (In re Riverside Shoppes, Ltd.)

80 B.R. 243, 1987 Bankr. LEXIS 1896

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 11, 1987 | Docket: 65779492

Published

Lis pendens is governed by Florida Statute Section 48.23 which provides that where an action is not founded

Daugharty v. Daugharty

502 So. 2d 1289, 1987 Fla. App. LEXIS 6891, 12 Fla. L. Weekly 577

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 64625253

Published

duly recorded instrument” within the meaning of § 48.23(2), Fla.Stat. Instead, it is a Fla.R.Civ.P. 1.540(b)

Alonso v. Villa Cortez Motel, Inc.

481 So. 2d 1302, 1986 Fla. App. LEXIS 6028

District Court of Appeal of Florida | Filed: Jan 28, 1986 | Docket: 64616871

Published

v. Warren, 413 So.2d 857 (Fla. 4th DCA 1982); § 48.23(3), Fla.Stat. (1983).

Nero v. Nero

475 So. 2d 1361, 10 Fla. L. Weekly 2283, 1985 Fla. App. LEXIS 16129

District Court of Appeal of Florida | Filed: Oct 3, 1985 | Docket: 64614472

Published

require the respondents to post bond. While under section 48.23(3), Florida Statutes,1 petitioners are entitled

Seinfeld v. Commercial Bank & Trust Co.

445 So. 2d 1055, 1984 Fla. App. LEXIS 11730

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 64603127

Published

failure to establish the necessity for bond under Section 48.23(3), Florida Statutes (1981), or that lis pendens

Kaylor v. Kaylor (In re Kaylor)

34 B.R. 254, 1983 Bankr. LEXIS 5162

United States Bankruptcy Court, M.D. Florida | Filed: Oct 26, 1983 | Docket: 65778572

Published

entitled to Lis Pendens protection by virtue of § 48.23 of Fla.Stat. The motions to dissolve the Lis Pendens

Lashley v. Baron

426 So. 2d 1172, 1983 Fla. App. LEXIS 27845

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 64595128

Published

Inc. v. Veigle, 464 F.2d 1102 (5th Cir.1972); § 48.23(3), Fla.Stat. (1981).

Florida Peach Corp. of America, International Division, S.A. v. Lurie

411 So. 2d 339, 1982 Fla. App. LEXIS 19561

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 64588659

Published

action is founded on a duly recorded instrument. § 48.23(3), Fla. Stat. (1981).2 If a lis pendens is based

Musselwhite v. Raimey

348 So. 2d 330, 1977 Fla. App. LEXIS 16298

District Court of Appeal of Florida | Filed: Mar 30, 1977 | Docket: 64559589

Published

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

Coral Isle West Ass'n v. Cindy Realty, Inc.

430 F. Supp. 396, 1977 U.S. Dist. LEXIS 17804

District Court, S.D. Florida | Filed: Jan 19, 1977 | Docket: 66124565

Published

Fla. 77, 105 So. 148 (1925). Furthermore, Fla.Stat. 48.23, the statute governing the effect and procedure

De Mapia v. Equitable Development Corp.

302 So. 2d 418, 1974 Fla. App. LEXIS 8420

District Court of Appeal of Florida | Filed: Sep 17, 1974 | Docket: 64542212

Published

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