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687 So. 2d 70

Docket No. 96-3196.

Moss v. ARCA DEVELOPMENT, INC.

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

District Court of Appeal of Florida

Decided February 5, 1997.

District Court of Appeal of Florida · decided 1997-02-05

Key passage — most relied on by later courts

“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.”

quoted by 2 later decisions, including Avalon Ass. of Del. Limited v. Avalon Park Ass. Inc., Avalon Associates of Delaware Ltd. v. Avalon Park Associates, Inc.

Relies on 561 So. 2d 268 - American Legion Community Club v. Diamond · 431 So. 2d 279 - Kent v. Kent · 670 So. 2d 183 - Bardino v. Bardino

Good law ✅— No negative treatment on recordhow we know

Decided 1997-02-05

How this case has been cited

Cited by 6 later decisions — most recently July 2016

6 state decisions

40199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Glenn R. Miller, North Miami, for petitioners.

¶2Rollnick & Linden and Neil Linden and Ignacio E. Arango, Coral Gables, for respondent.

¶3Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

¶4PER CURIAM.

¶5We 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).

¶6Reversed.

NOTES

¶7[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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