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537 So. 2d 607

Docket No. 88-2027.

MacHado v. Foreign Trade, Inc.

Aida MACHADO, Claudia Machado, Javier Machado and Jesus Machado, Appellants, v. FOREIGN TRADE, INC. and Alex Litman, Appellees.

District Court of Appeal of Florida

Decided November 22, 1988.

District Court of Appeal of Florida · decided 1988-11-22

Cited by 4 later decisions — most recently March 1995

4 state decisions

Key passage — most relied on by later courts

“The plaintiff's original claim not arising out of a document entitled to be recorded, ... it would have been appropriate, upon motion, to require a bond, the same as required in the issuance of a temporary injunction.”

quoted by 1 later decision, including 656 So. 2d 1300 - Med. Fac. v. Little Arch Creek Properties

Relies on Watts v. State · 528 So. 2d 64 - Ross v. Breder · 455 So. 2d 1126 - Feinstein v. Dolene, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-22

View the full empirical analysis of this case →

¶1Markowitz, Davis & Ringel and Candis Trusty, Miami, for appellants.

¶2Caron Balkany, Kluger, Peretz & Kaplan, and Andrew P. Gold, Miami, for appellees.

¶3Before BARKDULL and DANIEL S. PEARSON, JJ., and ORFINGER, MELVIN, Associate Judge.

¶4PER CURIAM.

¶5Subsequent to receiving a money judgment, the plaintiff filed in the original action an impleader complaint against certain of the judgment debtor's relatives alleging a fraudulent transfer of assets (which were not described) and seeking money damages. Thereafter, the plaintiff filed a Lis Pendens listing certain specific properties, both real and personal. The impleaded defendants moved to discharge the Lis Pendens. The trial court denied same and a petition for certiorari was filed in this court, which we treat as a non-final appeal. See Munilla v. Espinosa,533 So.2d 895 (Fla. 3d DCA 1988), Case No. 88-1139, opinion filed November 8, 1988.

¶6The impleader complaint not describing or seeking any relief against specific properties,[1] it was error to deny the motion to *608 discharge. We therefore reverse the order under review with directions to grant same.

NOTES

¶7[1] The plaintiff's original claim not arising out of a document entitled to be recorded, even if the impleader complaint did describe particular property, it would have been appropriate, upon motion, to require a bond, the same as required in the issuance of a temporary injunction. Ross v. Breder,528 So.2d 64 (Fla. 3d DCA 1988); Feinstein v. Dolene, Inc.,455 So.2d 1126 (Fla. 4th DCA 1984); Mohican Valley, Inc. v. MacDonald,443 So.2d 479 (Fla. 5th DCA 1984).

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