Public-domain · open source
OpenJurist

963 So. 2d 812

Docket No. 3D07-858.

Cimbler v. Brent

Saul CIMBLER, Appellant, v. Wes BRENT, etc., et al., Appellee.

District Court of Appeal of Florida

Decided August 1, 2007.

Rehearing Denied September 18, 2007.

District Court of Appeal of Florida · decided 2007-08-01

Cited by 1 later decisions — most recently April 2008

1 state decisions

Relies on Levitt v. Vermuccio · 959 So. 2d 758 - Ness Racquet Club, LLC v. RENZI HOLDINGS

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-01

View the full empirical analysis of this case →

¶1Saul Cimbler, in proper person.

¶2*813 Heller and Chames and Jonathan Heller, Miami, for appellee.

¶3Before RAMIREZ, WELLS, and SHEPHERD, JJ.

¶4PER CURIAM.

¶5Appellant, Saul Cimbler, seeks review of a non-final order granting a motion to discharge a lis pendens. The primary purpose of appellant's lawsuit is to recover money damages and the action does not directly affect the title to or the right of possession of real property. We have held that in the absence of a duly recorded instrument where there is no "direct claim cognizable under the law against or upon the . . . property burdened by the lis pendens . . ., no lis pendens may be asserted under any conditions against the realty. . . ." Sunrise Point v. Foss,373 So.2d 438, 439 (Fla. 3d DCA 1979). See also Ness Racquet Club, LLC v. Renzi Holdings, Inc.,959 So.2d 758 (Fla. 3d DCA 2007). Because of our decision, we do not reach the other grounds raised on appeal.

¶6Affirmed.

/963/so2d/812 · .json · Public domain