lis pendens doctrine (Florida) · Go Syfert
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lis pendens doctrine in Florida

9 Florida opinions name it 2 courts 1930–2026 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Chiusolo v. Kennedygreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 1998–2007
2 sentences

2007With that standard in mind, we recognize that "[o]ne of several purposes underlying the doctrine of lis pendens is that, when a suit is filed that could affect title in property, some notice should be given to future purchasers or encumbrancers of that property." Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla.1993) (citing De Pass v. Chitty, 90 Fla. 77 , 105 So. 148 (1925)).

1998The Florida Supreme Court, with respect to a lis pendens, in Chiusolo v. Kennedy, 614 So.2d 491 (Fla.1993), explained: One of several purposes underlying the doctrine of lis pendens is that, when a suit is filed that could affect title in property, some notice should be given to future purchasers or encumbrancers of that property. *1115 This serves the purposes of protecting those purchasers or encumbrancers from becoming embroiled in the dispute, and of protecting the plaintiff from intervening liens that could impair any property rights claimed and also from possible extinguishment of the pl

12
Golden State Bottling Co. v. National Labor Relations Boardgreen
scotus · 1973 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021ANALYSIS Under the doctrine of lis pendens, “[p]ersons acquiring an interest in property that is a subject of litigation are bound by, or entitled to the benefit of, a subsequent judgment.” Golden State Bottling Co., Inc. v. N.L.R.B., 414 U.S. 168, 179 (1973).

11
Taylor v. Steckelgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.2d at 497 ; Henry P. Trawick Jr., Trawick’s, Fla. Practice & Procedure § 8:31 (2007-2008 ed.).

11
Hunter v. Bank of New York (In Re Anderson)green
ohnb · 2001 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Capital Park & Planning Comm’n v. Town of Washington Grove, 408 Md. 37 , 968 A.2d 552, 583 (2009) (stating that “[i]n our state, the lis pendens doctrine has its foundations in common law and remains mostly there ... [and] the only procedural reference to lis pendens is set out in [rule], which contains no substantive modification of the common law”); Beers v. Ross, 137 Wash.App. 566 , 154 P.3d 277, 282 (2007) (reiterating that in Washington, lis pendens is “procedural only; it does not create substantive rights in the person recording the notice”); In re Anderson, 266 B.R. 128, 134 (Bankr.

11
Maryland-National Capital Park & Planning Commission v. Town of Washington Grovegreen
md · 2009 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010Capital Park & Planning Comm’n v. Town of Washington Grove, 408 Md. 37 , 968 A.2d 552, 583 (2009) (stating that “[i]n our state, the lis pendens doctrine has its foundations in common law and remains mostly there ... [and] the only procedural reference to lis pendens is set out in [rule], which contains no substantive modification of the common law”); Beers v. Ross, 137 Wash.App. 566 , 154 P.3d 277, 282 (2007) (reiterating that in Washington, lis pendens is “procedural only; it does not create substantive rights in the person recording the notice”); In re Anderson, 266 B.R. 128, 134 (Bankr.

2010Capital Park & Planning Comm’n v. Town of Washington Grove, 408 Md. 37 , 968 A.2d 552, 583 (2009) (stating that “[i]n our state, the lis pendens doctrine has its foundations in common law and remains mostly there ... [and] the only procedural reference to lis pendens is set out in [rule], which contains no substantive modification of the common law”); Beers v. Ross, 137 Wash.App. 566 , 154 P.3d 277, 282 (2007) (reiterating that in Washington, lis pendens is “procedural only; it does not create substantive rights in the person recording the notice”); In re Anderson, 266 B.R. 128, 134 (Bankr.

11
Beers v. Rossgreen
washctapp · 2007 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010Capital Park & Planning Comm’n v. Town of Washington Grove, 408 Md. 37 , 968 A.2d 552, 583 (2009) (stating that “[i]n our state, the lis pendens doctrine has its foundations in common law and remains mostly there ... [and] the only procedural reference to lis pendens is set out in [rule], which contains no substantive modification of the common law”); Beers v. Ross, 137 Wash.App. 566 , 154 P.3d 277, 282 (2007) (reiterating that in Washington, lis pendens is “procedural only; it does not create substantive rights in the person recording the notice”); In re Anderson, 266 B.R. 128, 134 (Bankr.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Depass v. Chitty green
fla · 1925
2 sentences

2007With that standard in mind, we recognize that "[o]ne of several purposes underlying the doctrine of lis pendens is that, when a suit is filed that could affect title in property, some notice should be given to future purchasers or encumbrancers of that property." Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla.1993) (citing De Pass v. Chitty, 90 Fla. 77 , 105 So. 148 (1925)).

2007With that standard in mind, we recognize that "[o]ne of several purposes underlying the doctrine of lis pendens is that, when a suit is filed that could affect title in property, some notice should be given to future purchasers or encumbrancers of that property." Chiusolo v. Kennedy, 614 So.2d 491, 492 (Fla.1993) (citing De Pass v. Chitty, 90 Fla. 77 , 105 So. 148 (1925)).

41993–2017
Murray v. Ballou green
nychanct · 1815
1 sentence

2026The lis pendens doctrine originates from the civil law, but took root in common law, and first was adopted as part of this country’s law in Chancellor Kent’s opinion in Murray v. Ballou, 1 Johns.

12026–2026
Fallon Rahima Jallali v. Christiana Trust, etc. green
fladistctapp · 2016
1 sentence

2016Jallali v. Christiana Tr., 184 So. 3d 559 (Fla. 4th DCA 2016). 2 One of several purposes underlying the doctrine of lis pendens is that, when a suit is filed that could affect title in property, some notice should be given to future purchasers or encumbrancers of that property.

12016–2016
Beers v. Ross green
washctapp · 2007
1 sentence

2010Capital Park & Planning Comm’n v. Town of Washington Grove, 408 Md. 37 , 968 A.2d 552, 583 (2009) (stating that “[i]n our state, the lis pendens doctrine has its foundations in common law and remains mostly there ... [and] the only procedural reference to lis pendens is set out in [rule], which contains no substantive modification of the common law”); Beers v. Ross, 137 Wash.App. 566 , 154 P.3d 277, 282 (2007) (reiterating that in Washington, lis pendens is “procedural only; it does not create substantive rights in the person recording the notice”); In re Anderson, 266 B.R. 128, 134 (Bankr.

12010–2010
Leuders v. Thomas neutral
· 1895
1 sentence

1930Such is the general doctrine of lis pendens. " Leuders v. Thomas, 35 Fla. 518 , 17 So.

11930–1930

Statutes the citing opinions construe

FL § 48.23 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 35 (1855–2025) OH 32 (1942–2026) IL 23 (1930–2025) TX 19 (1915–2026) GA 14 (1857–2025) MD 11 (1908–2013) CT 11 (1977–2022) KY 9 (1841–2020) FL 9 (1930–2026) LA 7 (2003–2025) KS 7 (1887–2003) WA 6 (1913–2021) OK 6 (1916–1977) DC 6 (1999–2015) AZ 5 (1982–2013) NC 5 (1966–2022) AL 5 (1931–2023) NJ 5 (1973–2018) OR 5 (1981–2022) HI 5 (1983–2024) CA 4 (1985–2025) NY 4 (1984–2011) UT 4 (2008–2025) MA 3 (1981–2005) MT 3 (2012–2014) WI 3 (2000–2004) CO 3 (1991–2010) MO 3 (1890–2008) DE 3 (1988–1997) TN 2 (1955–2010) WV 2 (1921–1930) AK 2 (1992–2013) IA 2 (1880–1895) NM 2 (2010–2010) ND 2 (2009–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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