Florida District Courts of Appeal, 1997

Moss v. ARCA DEVELOPMENT, INC.

Florida District Courts of Appeal · Decided February 5, 1997 · Schwartz, C.J., and Gersten and Fletcher

687 So. 2d 70; 1997 Fla. App. LEXIS 399; 1997 WL 43644 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

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DAVID PETKOVICH v. SANDY POINT CONDOMINIUM APARTMENTS ASSOCIATION, INC. (Fla. Dist. Ct. App. 2021)
Schwartz v. Estate of Schwartz (Fla. Dist. Ct. App. 2005)
Panamericano of SD, Inc. v. SUNCOAST BAY DEVEL., INC. (Fla. Dist. Ct. App. 2002)
Avalon Ass. of Del. Limited v. Avalon Park Ass. Inc. (Fla. Dist. Ct. App. 2000)
Avalon Associates of Delaware Ltd. v. Avalon Park Associates, Inc. (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

687 So.2d 70 (1997)

William MOSS, etc., et al., Petitioners,
v.
ARCA DEVELOPMENT, INC., Respondent.

No. 96-3196.

District Court of Appeal of Florida, Third District.

February 5, 1997.

Glenn R. Miller, North Miami, for petitioners.

Rollnick & Linden and Neil Linden and Ignacio E. Arango, Coral Gables, for respondent.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

PER CURIAM.

We treat this petition for certiorari review of an order discharging a lis pendens as a non-final appeal, see Bardino v. Bardino, 670 So.2d 183 (Fla. 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. See American Legion Community Club v. Diamond, 561 So.2d 268 (Fla. 1990); Kent v. Kent, 431 So.2d 279 (Fla. 5th DCA 1983).

Reversed.

NOTES

[1] (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.

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