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Florida Statute 48.23 | Lawyer Caselaw & Research
F.S. 48.23 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.23
48.23 Lis pendens.
(1)(a) An action in any of the state or federal courts in this state operates as a lis pendens on any real or personal property involved therein or to be affected thereby only if a notice of lis pendens is recorded in the official records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.
(b)1. An action that is filed for specific performance or that is not based on a duly recorded instrument has no effect, except as between the parties to the proceeding, on the title to, or on any lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.
2. Any person acquiring for value an interest in, or lien upon, the real or personal property during the pendency of an action described in subparagraph 1., other than a party to the proceeding or the legal successor by operation of law, or personal representative, heir, or devisee of a deceased party to the proceeding, shall take such interest or lien exempt from all claims against the property that were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive notice of the proceeding or of the claims made therein or the documents forming the causes of action against the property in the proceeding.
(c)1. A notice of lis pendens must contain the following:
a. The names of the parties.
b. The date of the institution of the action, the date of the clerk’s electronic receipt, or the case number of the action.
c. The name of the court in which it is pending.
d. A description of the property involved or to be affected.
e. A statement of the relief sought as to the property.
2. In the case of any notice of lis pendens filed on the same date as the pleading upon which the notice is based, the clerk’s notation of the date of receipt on the notice shall satisfy the requirement that the notice contain the date of the institution of the action.
(d) Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien moves to intervene in such proceedings within 30 days after the recording of the notice and the court ultimately grants the motion. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens. A valid recorded notice of lis pendens of such proceedings prosecuted to a judicial sale remains in effect through the recording of any instrument transferring title to the property pursuant to the final judgment unless it expires, is withdrawn, or it is otherwise discharged. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien.
(2) A notice of lis pendens is not effectual for any purpose beyond 1 year from the commencement of the action and will expire at that time, unless the relief sought is disclosed by the pending pleading to be founded on a duly recorded instrument or on a lien claimed under part I of chapter 713 against the property involved, except when the court extends the time of expiration on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires.
(3) When the pending 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 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.
(4) This section applies to all actions now or hereafter pending in any state or federal courts in this state, but the period of time specified in subsection (2) does not include the period of pendency of any action in an appellate court.
History.RS 1220; GS 1649; RGS 2853; ss. 1-3, ch. 12081, 1927; CGL 4550; s. 1, ch. 24336, 1947; s. 4, ch. 67-254; s. 1, ch. 67-567; s. 1, ch. 85-308; s. 19, ch. 90-109; s. 5, ch. 93-250; s. 1, ch. 2009-39; s. 1, ch. 2019-67.
Note.Former s. 47.49.

F.S. 48.23 on Google Scholar

F.S. 48.23 on Casetext

Amendments to 48.23


Arrestable Offenses / Crimes under Fla. Stat. 48.23
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.23.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Sharon Moore Bode and Roberto Bode appeal the trial court's order granting an emergency motion to discharge lis pendens. An order discharging a lis pendens is generally reviewed for an abuse of discretion, India Am. Trading, Co. v. White, 896 So.2d 859, 860 (Fla. 3d DCA 2005), but statutory construction and pure questions of law are reviewed de novo. LB Judgment Holdings, LLC v. Boschetti, 271 So.3d 115, 118 (Fla. 3d DCA 2019). Upon our review, we find no error in the trial court's order discharging the lis pendens in the instant case, and affirm. See § 48.23( 3), Fla. Stat. (2022) ("When the pending pleading does not show that the action is founded on a duly recorded instrument . . . the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions"); Petkovich v. Sandy Point Condo. Apts. Ass'n, Inc., 325 So.3d 201, 204 (Fla. 3d DCA 2021) (holding petitioner was not entitled to lis pendens as a matter of right-i.e., as founded on a duly recorded instrument under section 48.23-because his claim was not based "upon the terms and provisions of the instruments" but instead was based "upon the circumstances surrounding…
  2. In determining the essential requirements of law for discharging a notice of lis pendens, we first look to section 48.23. Section 48.23(3) provides that unless the pending pleading demonstrates that an action is based on a duly recorded instrument or a lien pursuant to chapter 713, the court has the power to discharge a notice of lis pendens as the court would grant and dissolve injunctions. See Carollo v. Henderson, 290 So.3d 1088, 1090 (Fla. 5th DCA 2020). When an action is not founded on a duly recorded instrument or a chapter 713 lien, but alleges a nexus between the real property and the claims set forth, an evidentiary hearing is required on a motion to discharge a lis pendens. Id. There is no dispute that Ms. Henry's action is not founded on a duly recorded instrument or a chapter 713 lien.
    PAGE 3
  3. Nationstar Mortg. v. DeSouza

    343 So. 3d 1227 (Fla. Dist. Ct. App. 2022)   1 Legal Analyses
    The order on appeal granted attorneys’ fees to a Mr. Fernandes, who was not a mortgagor, but purported to hold a quitclaim deed to the foreclosed property. The quitclaim deed was dated June 25, 2007, about eleven months before the foreclosure complaint was filed. The quitclaim deed was not recorded, however, until May 13, 2009, about ten months after the foreclosure complaint and notice of lis pendens were filed. Evidence established that the property was vacant when the lawsuit and lis pendens were filed. It is undisputed that the quitclaim deed was recorded long after the twenty-day deadline established in section 48.23(1)(b) of the Florida Statutes (2008) (providing that the filing of a notice of lis pendens bars all interests and liens unrecorded when the lis pendens is filed unless the holder intervenes within twenty days after the lis pendens is filed).
  4. Inlet Colony, LLC v. Martindale

    340 So. 3d 492 (Fla. Dist. Ct. App. 2022)   1 Legal Analyses
    Section 48.23(1)(b) 2. was adopted to prevent a lis pendens from continuing to be a cloud on title for a purchaser for value after it is discharged. See Gerald F. Richman & Mark A. Romance, Specific Performance of Real Estate Contracts: Legal Blackmail , 72 Fla. Bar J. 54 (Nov. 1998). We conclude that including the time for an appeal to expire on an order discharging a notice of lis pendens is not contrary to the terms of the statute. Section 48.23(3) provides that discharge is in the control of the court "as the court would grant and dissolve injunctions." Because the court controls the discharge, the matter is governed by court procedural rules and procedural rights due to litigants, including the important right to seek appellate review. Until such orders on a lis pendens become "final" by way of the expiration of the time for appeal, or, after appeal, a final judicial ruling, the lis pendens remains a cloud on title.
    PAGE 497
  5. Jakubow v. Jakubow

    337 So. 3d 1276 (Fla. Dist. Ct. App. 2022)
    PER CURIAM Nerja I. Jakubow, plaintiff below, appeals from an order requiring him to post a cash bond in the amount of $425,000 by a date certain, failing which the lis pendens on the underlying property would be discharged. Appellant claims he was entitled to a lis pendens without having to post a bond because the underlying action was based on a duly recorded instrument. We treat this appeal as a petition for writ of certiorari, see Bankers Lending Servs., Inc. v. Regents Park Ins., LLC, 225 So. 3d 884, 885 (Fla. 3d DCA 2017) ("Although we have also reviewed orders granting or discharging a lis pendens, and orders relating to lis pendens bonds, as appealable non-final orders under Florida Rule of Appellate Procedure 9.130(a)(3)(B), we have more recently agreed with the other Florida district courts of appeal ‘that certiorari is the appropriate procedure for the review of such an order’ 100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, 180 So. 3d 134, 136 (Fla. 3d DCA 2015)"), find no merit in appellant's argument, and deny the petition. See § 48.23( 3), Fla. Stat. (2021) ("When the pending pleading does not show that the action is founded on a duly recorded instrument or…
  6. Affirmed. See § 48.23( 1)(d), Fla. Stat. (providing that, subject to exceptions inapplicable herein, recording of notice of lis pendens "constitutes a bar to the enforcement against the property described in the notice of all interests ... unrecorded at the time of recording the notice unless the holder of any such unrecorded interest ... moves to intervene in such proceedings within 30 days after the recording of the notice and the court ultimately grants the motion"); Provident Funding Assocs., L.P. v. MDTR, 257 So. 3d 1114, 1117 (Fla. 2d DCA 2018) ("The doctrine of res judicata provides that a judgment on the merits in an earlier suit bars a later suit on the same cause of action between the same parties or others in privity with those parties."); Pearce v. Sandler, 219 So. 3d 961, 967 (Fla. 3d DCA 2017) ("[T]he doctrine of res judicata not only bars issues that were raised, but it also precludes consideration of issues that could have been raised but were not raised in the first case."); Mortg. Elec. Registration Sys., Inc. v. Badra, 991 So. 2d 1037, 1039 (Fla. 4th DCA 2008) ("Collateral estoppel precludes re-litigating an issue where the same issue has been fully…
  7. Walsh v. Abate

    336 So. 3d 50 (Fla. Dist. Ct. App. 2022)   Cited 1 times   1 Legal Analyses
    We find that the trial court applied the correct standard of proof in determining whether to dissolve the lis pendens. Further, because the trial court properly dismissed the complaint, it also properly dissolved the lis pendens. The lis pendens statute provides that "when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions." § 48.23(3), Fla. Stat. (2020) ; see also Jameson v. Jameson , 121 Fla. 140, 163 So. 468, 468 (1935) (finding that upon dismissal of the complaint, the lis pendens must also be dissolved). The dismissal of the complaint means the action no longer affects the property, mandating the dissolution of the lis pendens.
    PAGE 54
  8. The trial court relied on section 48.23(1)(d), Florida Statutes (2020), and U.S. Bank National Ass'n v. Quadomain Condominium Ass'n, 103 So.3d 977 (Fla. 4th DCA 2012), in finding that Christiana Trust was required to intervene in the Association's receivership action. Section 48.23(1)(d) states that the recording of a notice of lis pendens
    PAGE 4
  9. ProntoCash, LLC v. The Autoboutique of Miami, Inc.

    336 So. 3d 1212 (Fla. Dist. Ct. App. 2021)   Cited 1 times
    Section 48.23, Florida Statutes (2018), governs notices of lis pendens and the prerequisites for filing them. Section 48.23(3) specifies that when, as here, the underlying lawsuit is not founded on a "duly recorded instrument" or a lien claimed under part I of chapter 713, Florida Statutes (governing construction liens), "the court shall control and discharge the recorded notice of lis pendens
    PAGE 1215

    Cases from cite.case.law:

    FL HOMES LLC v. KOKOLIS, TRUSTEE OF TOULA KOKOLIS REVOCABLE TRUST FL LLC,, 271 So. 3d 6 (Fla. App. Ct. 2019)

    . . . initial mortgage foreclosure lawsuit, so that such unrecorded interests were discharged by section 48.23 . . . foreclosure action "forever discharged" the property from all unrecorded interests and liens under section 48.23 . . . Under section 48.23, the nullifying impact of the lis pendens statute on unrecorded property interests . . . turns on the prosecution of the lawsuit "to a judicial sale of the property." § 48.23(1)(d), Fla. . . . the property is superior to that of appellants; our holding is that appellee may not rely on section 48.23 . . .

    LB JUDGMENT HOLDINGS, LLC, v. R. BOSCHETTI,, 271 So. 3d 115 (Fla. App. Ct. 2019)

    . . . Section 48.23, Florida Statutes (2018), governs notices of lis pendens and the prerequisites for filing . . . Section 48.23(3) specifies that when, as here, the underlying lawsuit is not founded on a "duly recorded . . . Damages for Wrongful Lis Pendens-Attorneys' Fees We repeat the text of section 48.23(3) as it relates . . . Further, section 48.23(2) limits the notices of lis pendens in the present case to a term of one year . . . Section 48.23(4), Florida Statutes (2018), also specifies that the one-year term of the existing notices . . .

    VILLAMIZAR, v. LUNA CAPITAL PARTNERS, LLC,, 260 So. 3d 355 (Fla. App. Ct. 2018)

    . . . Section 48.23, Florida Statutes (2017), governs notices of lis pendens. . . . ." § 48.23(1)(a) (emphasis provided). . . . Moreover, section 48.23(2) specifies that a notice of lis pendens "is not effectual for any purpose beyond . . .

    UNITED STATES v. REAL PROPERTY LOCATED AT NORTH COLLINS STREET, ARLINGTON, TEXAS v. v., 901 F.3d 268 (5th Cir. 2018)

    . . . . § 48.23(3) ). . . .

    RODRIGUEZ, v. GUERRA,, 254 So. 3d 521 (Fla. App. Ct. 2018)

    . . . See § 48.23(3), Fla. Stat. (2017) ; Am. Legion Cmty. Club v. . . . Hence, as required by section 48.23(3), the trial court adjudicated Rodriguez's motion as if Guerra's . . . notice of lis pendens was a temporary injunction. § 48.23(3), Fla. . . .

    NATIONAL AMERICAN HOME, LLC, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST, 242 So. 3d 1144 (Fla. App. Ct. 2018)

    . . . the mortgage foreclosure and sale, because the notice of lis pendens had expired, pursuant to section 48.23 . . . Warner, Ciklin and Klingensmith, JJ., concur. 48.23 Lis pendens.- (1)(a) An action in any of the state . . .

    BANK OF AMERICA, N. A. v. MIRABELLA OWNERS ASSOCIATION, INC. a LLC, HSBC USA, A- v. LLC,, 238 So. 3d 405 (Fla. App. Ct. 2018)

    . . . ." § 48.23(1)(d), Fla. Stat. (2012) ; accord Westburne Supply, Inc. v. Cmty. . . . . 1st DCA 1987) ("The principal purpose of filing a notice of lis pendens, as manifested in section 48.23 . . . Therefore, section 48.23 barred the association's separate foreclosure action, and the association's . . . Section 48.23(1)(d) formerly allowed only twenty days for intervention. . . .

    ORTIZ, v. WEISS,, 227 So. 3d 689 (Fla. Dist. Ct. App. 2017)

    . . . Section 48.23(3), Fla. . . .

    DITECH FINANCIAL LLC, f k a LLC, v. M. WHITE,, 222 So. 3d 603 (Fla. Dist. Ct. App. 2017)

    . . . The Motion primarily relied upon section 48.23(l)(d), Florida Statutes (2016). . . . Section 48.23(l)(d), Florida Statutes, provides in part that the recording of a notice of lis pendens . . . It was the Homeowner’s position that section 48.23(l)(d), Florida Statutes, barred the Bank from separately . . . The lower court’s ruling was based upon a misinterpretation of section 48.23(l)(d), Florida Statutes. . . . Section 48.23(l)(d), Florida Statutes, only acts to preclude enforcement of liens unrecorded at the time . . .

    CARLISLE, v. U. S. BANK, NATIONAL ASSOCIATION, FOR HARBORVIEW TRUST FUND,, 225 So. 3d 893 (Fla. Dist. Ct. App. 2017)

    . . . See § 48.23(l)(d), Fla. Stat. (2016). . . .

    BANKERS LENDING SERVICES, INC. v. REGENTS PARK INVESTMENTS, LLC,, 225 So. 3d 884 (Fla. Dist. Ct. App. 2017)

    . . . circumstance, rejecting “the interpretation that the statutory reference to injunctions [in section 48.23 . . . specific performance and was not based on a “duly recorded instrument,” Regents was required by section 48.23 . . .

    NATIONSTAR MORTGAGE, LLC, v. WEILER MIPC, LLC, a J. A., 227 So. 3d 181 (Fla. Dist. Ct. App. 2017)

    . . . First, the Weilers argued that section 48.23, Florida Statutes (2014) (the notice of lis pendens statute . . . Relying upon the court records, the trial court ruled that section 48.23 “forever barred” Nationstar’ . . . Third, Nationstar contends that the trial court erred in finding that the effect of section 48.23 was . . .

    LANDMARK AT CRESCENT RIDGE LP, v. EVEREST FINANCIAL, INC. a, 219 So. 3d 218 (Fla. Dist. Ct. App. 2017)

    . . . actions for certiorari review and for injunctive relief, the causes are related in light of section 48.23 . . . discharge the recorded notice of lis pendens as the court would grant and dissolve injunctions.” § 48.23 . . .

    OBER, v. TOWN OF LAUDERDALE- BY- THE- SEA, a, 213 So. 3d 954 (Fla. Dist. Ct. App. 2017)

    . . . Importance and certify the following question to the Florida Supreme Court: WHETHER, PURSUANT TO SECTION 48.23 . . .

    ZENITH INSURANCE COMPANY, v. METROBANK S. A., 215 So. 3d 135 (Fla. Dist. Ct. App. 2017)

    . . . -day intervention deadline (following re-cordation of Metrobank’s lis pendens) specified in section 48.23 . . .

    OBER, v. TOWN OF LAUDERDALE- BY- THE- SEA a, 218 So. 3d 952 (Fla. Dist. Ct. App. 2017)

    . . . This case involves the application of section 48.23, Florida Statutes (2014), the lis pendens statute . . . We hold that such liens are discharged by section 48.23(l)(d). . . . Section 48.23(1)(d) states, in pertinent part: [T]he recording of ... notice of lis pen-dens ... constitutes . . . A proper reading of section 48.23(l)(d) is,- as the Florida Land Title Association suggests, that “when . . .

    B. PHILLIPS S. v. EPIC AVIATION, LLC,, 234 F. Supp. 3d 1174 (M.D. Fla. 2017)

    . . . asserting that the lis pendens filed against the Property was improper and illegal under Florida Statute § 48.23 . . . Stat. § 48.23(3). (Doc. # 68, Second Affirmative Defense). . . . dissolve the lis pendens but failed to seek the posting of a statutory bond pursuant to Fla, Stat. § 48.23 . . .

    PATINO, v. CITY OF PASADENA,, 230 F. Supp. 3d 667 (S.D. Tex. 2017)

    . . . from 2011 to 2015 and reported that the Hispanic share of Pasadena’s citizen voting-age population was 48.23% . . .

    JALLALI, v. KNIGHTSBRIDGE VILLAGE HOMEOWNERS ASSOCIATION, INC., 211 So. 3d 216 (Fla. Dist. Ct. App. 2017)

    . . . Jallali relied on Quadomain, 103 So.3d at 978-80, and section 48.23, Florida Statutes (2012). . . . filing of lis pendens, we conclude that, even though the lien was inferior to the mortgage, section 48.23 . . . This Court quoted from section 48.23, Florida Statutes. Id. at 979. . . . Previously, language similar to that now appearing in section 48.23(l)(d) appeared in section 48.23(l . . . )(b), but the period of time for intervening was only twenty days. § 48.23(1 )(b), Fla. . . .

    CITIBANK, N. A. I v. UNKNOWN HEIRS, E. s, 197 So. 3d 1214 (Fla. Dist. Ct. App. 2016)

    . . . .” § 48.23(3), Fla. Stat. (2015). . . .

    REGENTS PARK INVESTMENTS, LLC, v. BANKERS LENDING SERVICES, INC., 197 So. 3d 617 (Fla. Dist. Ct. App. 2016)

    . . . Santopietro, 792 So.2d 644 (Fla. 3d DCA 2001), this Court cited the language of Florida Statute Section 48.23 . . .

    WHITBURN, LLC, v. WELLS FARGO BANK, N. A., 190 So. 3d 1087 (Fla. Dist. Ct. App. 2015)

    . . . We recognize that Florida's lis pendens statute, section 48.23, Florida Statutes (2012), is more than . . .

    LINCOLN RD SB, LLC, v. DAXAN FL LLC,, 180 So. 3d 134 (Fla. Dist. Ct. App. 2015)

    . . . Concluding that the orders below correctly interpreted and applied the lis pendens statute, section 48.23 . . . Analysis Section 48.23(1), Florida Statutes (2014), provides: (l)(a) An action in any of the state or . . . on a duly recorded instrument.” 100 Lincoln argues that a later section of the same statute, section 48.23 . . . Conclusion Because we have concluded that the lis pendens was filed in compliance with section 48.23 . . .

    BARNSDALE HOLDINGS, LLC, v. PHH MORTGAGE CORPORATION,, 170 So. 3d 863 (Fla. Dist. Ct. App. 2015)

    . . . standing to appeal since it failed to intervene and was a non-party in the proceeding below); see also § 48.23 . . .

    J. B. J. INVESTMENT OF SOUTH FLORIDA, INC. v. W. MASLANKA,, 163 So. 3d 726 (Fla. Dist. Ct. App. 2015)

    . . . See § 48.23(2), Fla. Stat. (2013). . . . In addition, section 48.23(2), Florida Statutes (2013) imposes a «good cause requirement for extending . . . pendens can be damaging, courts have interpreted the statutory reference to injunctions in section 48.23 . . .

    NIKOOIE, v. JPMORGAN CHASE BANK, N. A., 183 So. 3d 424 (Fla. Dist. Ct. App. 2014)

    . . . barred by its predecessor’s (GMAI’s) “untimely intervention” under the lis pendens statute, section 48.23 . . . Adhin addressed the question of whether section 48.23(l)(b) is procedural or substantive in its effect . . . The Fifth District concluded that the bar is substantive in its effect and that section 48.23(l)(b) is . . . On such a record, we agree with the trial court’s conclusion that section 48.23(l)(b) did not bar GMAI . . . intervene was denied and that its motion to intervene was untimely under the lis pendens statute, section 48.23 . . .

    NOBE BAY HOLDINGS, LLC, v. GARCIA, M. D., 140 So. 3d 693 (Fla. Dist. Ct. App. 2014)

    . . . As the Florida Supreme Court held in Medical Facilities, “in situations governed by section 48.23(3), . . .

    U. S. BANK NATIONAL ASSOCIATION, v. BEVANS,, 138 So. 3d 1185 (Fla. Dist. Ct. App. 2014)

    . . . In support, Striding cites section 48.23(b), Florida Statutes (2012), which reads, in pertinent part: . . . This common law exception was modified in part by section 48.23(b), but, as explained above, the modification . . .

    U. S. BANK NAT. ASSN a k a U. S. v. QUADOMAIN CONDOMINUM ASSOCIATION, INC., 103 So. 3d 977 (Fla. Dist. Ct. App. 2012)

    . . . notices of lis pendens are afforded even more power than they are at common law by virtue of section 48.23 . . . withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien. § 48.23 . . . attempt to enforce mechanic’s lien recorded after lis pendens notice was filed was barred by section 48.23 . . . fees, it was statutorily required to intervene in the re-foreclosure action as prescribed in section 48.23 . . .

    FIDELITY LAND TRUST COMPANY, LLC No. v. CENTEX HOME EQUITY COMPANY, LLC, n k a LLC,, 903 F. Supp. 2d 1317 (M.D. Fla. 2012)

    . . . discharging unidentified unrecorded interests in certain real property pursuant to Florida Statute § 48.23 . . . Stat. § 48.23 does not bar enforcement of a recorded mortgage filed prior to the filing of a lis pendens . . .

    BLUE STAR PALMS, LLC, LLC, v. LED TRUST, LLC, LLC, ASDM LLC, LLC,, 128 So. 3d 36 (Fla. Dist. Ct. App. 2012)

    . . . Analysis The pertinent part of the lis pendens statute, section 48.23(3), Florida Statutes (2012), provides . . .

    ABNER, v. JOHNSON,, 56 So. 3d 137 (Fla. Dist. Ct. App. 2011)

    . . . to attorney’s fees under Florida Rule of Appellate Procedure 9.410 as a sanction, and under section 48.23 . . . We agree with the purchaser that the trial court should have awarded fees under section 48.23. . . . reach the issue of whether the fees were properly imposed as a sanction because we hold that section 48.23 . . . Because section 48.23(3), Florida Statutes (2005), does not require the posting of a bond prior to the . . . We therefore reverse the trial court’s order denying the purchaser attorney’s fees under section 48.23 . . .

    BANK OF AMERICA, v. BANK OF SALEM III,, 48 So. 3d 155 (Fla. Dist. Ct. App. 2010)

    . . . See § 48.23(2), Fla. Stat. (2003). Neither party attempted to extend their lien. . . . See § 48.23(2), Fla. Stat. (2003). Bank of Salem did not attempt to renew or revive the lien. . . .

    ADHIN, v. FIRST HORIZON HOME LOANS,, 44 So. 3d 1245 (Fla. Dist. Ct. App. 2010)

    . . . The trial court denied intervention, concluding Appellants’ motion was untimely under section 48.23(l . . . Appellants contend that section 48.23(l)(b), a lis pendens statute allowing the holders of unrecorded . . . Appellants sought rehearing, arguing that section 48.23(l)(b) unconstitutionally conflicts with Florida . . . See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.2d at 497; Henry P. . . . Similarly, section 48.23(l)(b) acts as a statute of repose. . . . Specifically, section 48.23(l)(b), Florida Statutes (2008), provides: 48.23. . . .

    In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 20 So. 3d 379 (Fla. 2009)

    . . . The amendment to the form is in response to recent enactment of section 48.23(l)(c), Florida Statutes . . . This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009) . . . , Section 48.23 provides that the notice must contain the names of all of the parties, the name of the . . .

    STRATEGIC EMPOWERMENT FOR ECONOMIC DEVELOPMENT, INC. v. SOUTH DADE REALTY, INC., 14 So. 3d 260 (Fla. Dist. Ct. App. 2009)

    . . . affect, or in any way encumber the cash proceeds of a real estate closing that has yet to occur', see § 48.23 . . .

    In GALLO, A., 573 F.3d 433 (7th Cir. 2009)

    . . . . § 48.23 (2008). . . . Furthermore, Florida Statute § 48.23(l)(a) (2008) states: No action in any of the state or federal courts . . . Stat. § 48.23 (West July 1, 2009). . . . .

    In GALLO, A., 573 F.3d 433 (7th Cir. 2009)

    . . . . § 48.23 (2008). . . . Furthermore, Florida Statute § 48.23(1)(a) (2008) states: We do not believe that this language allows . . . Stat. § 48.23 (West July 1, 2009). . . . .

    In MOODY S CORPORATION SECURITIES LITIGATION, 612 F. Supp. 2d 397 (S.D.N.Y. 2009)

    . . . Moody’s lost $13.92 per share from 62.15 on February 3, 2006 (the first day of the class period) to $48.23 . . .

    In J. WHITEHEAD, III,, 399 B.R. 570 (Bankr. S.D. Fla. 2009)

    . . . . § 48.23, and applicable case law, I find the Notices of Lis Pendens to have effectuated a transfer . . . Although Nemeroff filed the Lis Pendens Notices pursuant to Florida Statute § 48.23, the Trustee disputes . . . State. § 48.23(l)(b). . . .

    McMILLAN MIAMI, LLC. v. KRYSTAL CAPITAL MANAGERS, LLC., 1 So. 3d 312 (Fla. Dist. Ct. App. 2009)

    . . . Globe Props., Inc., 944 So.2d 302 (Fla.2006), the Florida Supreme Court concluded that section 48.23 . . . Because section 48.23(3), Florida Statutes (2005), does not require the posting of a bond prior to the . . .

    HAVEN CENTER, INC. v. MERUELO,, 995 So. 2d 1166 (Fla. Dist. Ct. App. 2008)

    . . . See § 48.23(3), Fla.Stat. (2005). . . . provision making it dependent upon the continued effectiveness or term of the lis pendens; nor does section 48.23 . . .

    G. LEVIN v. LANG,, 994 So. 2d 445 (Fla. Dist. Ct. App. 2008)

    . . . . § 48.23(3), Fla. Stat. (2004); Med. Facilities Dev., Inc. v. . . .

    B. OLESH, v. GREENBERG,, 978 So. 2d 238 (Fla. Dist. Ct. App. 2008)

    . . . The above analysis does not end the inquiry in the instant case, however, because section 48.23(2), Florida . . . absent a trial court’s exercise of discretion in extending the time limitation “as justice requires.” § 48.23 . . . Stat. (2006); see also § 48.23(3), Fla. . . . Although the record does not indicate that Olesh filed a motion to extend the time under section 48.23 . . .

    NICKERSON v. WATERMARK MARINA OF PALM CITY, L. L. C. a, 978 So. 2d 187 (Fla. Dist. Ct. App. 2008)

    . . . Section 48.23(3), Florida Statutes (2006), provides, with respect to actions that are not founded on . . . However, we agree with the Nickersons’ position: the language of section 48.23(3), allowing courts to . . .

    DE LA FUENTE, v. ADRIAN DEVELOPERS CORP. a, 967 So. 2d 251 (Fla. Dist. Ct. App. 2007)

    . . . When an action is not founded on a duly recorded instrument, sections 48.23(2)-(3), Florida Statutes . . . Section 48.23(3) states that, when the pleading does not show that the action is founded on a duly recorded . . . may control and discharge a notice of lis pendens as the courts may grant and dissolve injunctions. § 48.23 . . . Section 48.23(2) provides that a notice of lis pendens, which is not founded on a duly recorded instrument . . . authority to extend the effect of the notice beyond one year on reasonable notice and for good cause. § 48.23 . . . I find this contention supported by the plain language of section 48.23 of the Florida Statutes. . . . Section 48.23 of the Florida Statutes (2006) reads, in relevant part: (l)(a) No action in any of the . . . control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23 . . . this statute would render inoperative the phrase, “from the commencement of the action” in section 48.23 . . . Hickory Lakes of Brandon, Inc., 458 So.2d 45, 47 (Fla. 2d DCA 1984)(“We do not interpret [section 48.23 . . .

    NU- VISION, LLC, v. CORPORATE CONVENIENCE, INC., 965 So. 2d 232 (Fla. Dist. Ct. App. 2007)

    . . . See § 48.23, Fla. Stat. (2006); Chiusolo v. Kennedy, 614 So.2d 491 (Fla.1993). . . .

    SUAREZ v. KMD CONSTRUCTION, INC., 965 So. 2d 184 (Fla. Dist. Ct. App. 2007)

    . . . Florida’s lis pendens statute provides, in pertinent part, as follows: 48.23 Lis pendens.— (2) No notice . . . control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23 . . . was a “consensual lien” involved, that was “not determinative” for the Avalon court because section 48.23 . . .

    FLORIDA WEST REALTY PARTNERS, LLC, v. MDG LAKE TRAFFORD, LLC,, 975 So. 2d 479 (Fla. Dist. Ct. App. 2007)

    . . . Florida West also recorded a notice of lis pendens (hereafter, lis pendens) pursuant to section 48.23 . . . The court may impose such terms for the extension of time as justice requires. § 48.23(2). . . . Even if there is a fair nexus here, section 48.23(2) specifically imposes a good cause requirement that . . . See § 48.23(3); Rodriguez v. Banco Indus. de Venez., C.A., 576 So.2d 870, 873 (Fla. 3d DCA 1991). . . .

    PERDOMO, v. A. CABRERA,, 963 So. 2d 736 (Fla. Dist. Ct. App. 2007)

    . . . .” § 48.23(3), Fla. Stat. (2006). . . . control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23 . . .

    NESS RACQUET CLUB, LLC, v. RENZI HOLDINGS, INC., 959 So. 2d 758 (Fla. Dist. Ct. App. 2007)

    . . . Lis pendens in Florida is governed by section 48.23 of the Florida Statutes. . . . Avalon Park Assoc., Inc., 760 So.2d 1132, 1134 (Fla. 5th DCA 2000Xciting § 48.23(2), Fla. Stat.). . . .

    OZ, v. COUNTRYWIDE HOME LOANS, INC., 953 So. 2d 619 (Fla. Dist. Ct. App. 2007)

    . . . the name of a defendant, did not provide constructive notice of Oz’s claims in violation of section 48.23 . . . Section 48.23, Florida Statutes (2005), governs lis pendens, and subsection (l)(a) provides that: No . . . Consistent with the statutory requirements of section 48.23, this Court held in Joge Invs., Inc. v. . . . .2d 752, 755 (Fla. 5th DCA 2006)(holding that the notice of lis pendens failed to comply with section 48.23 . . . of an action is fatal to the lis pendens and contrary to the express language contained in section 48.23 . . .

    CARRAN, v. MORGAN, d b a a, 510 F. Supp. 2d 1053 (S.D. Fla. 2007)

    . . . With respect to a lis pendens, section 48.23(3) of Florida Statutes applies when a complaint does not . . . Stat. § 48.23(3). . . .

    TAYLOR, v. T. STECKEL,, 944 So. 2d 494 (Fla. Dist. Ct. App. 2006)

    . . . Section 48.23 of the Florida Statutes expressly confers control over notices of lis pendens on the courts . . . instrument, the statute authorizes the courts to extend the effect of the notice beyond one year. § 48.23 . . . Hickory Lakes of Brandon, Inc., 458 So.2d 45, 47 (Fla. 2d DCA 1984) (concluding that section 48.23(2) . . . lis pendens can be damaging, courts have interpreted the statutory reference to injunction in section 48.23 . . .

    S AND T BUILDERS, v. GLOBE PROPERTIES, INC., 944 So. 2d 302 (Fla. 2006)

    . . . . § 48.23(3), Fla. Stat. (2005) (emphasis supplied). . . . We have interpreted the statutory reference to injunctions in section 48.23(3) of the Florida Statutes . . . See § 48.23(3), Fla. Stat. (2005). . . . Therefore, pursuant to the authorizing language in section 48.23 of the Florida Statutes, we conclude . . . See § 48.23(3), Fla. . . .

    MU IZ A. v. CRYSTAL LAKE PROJECT, LLC,, 947 So. 2d 464 (Fla. Dist. Ct. App. 2006)

    . . . The trial court further found that the lis pendens statutorily expired on March 12, 2005 per section 48.23 . . . See § 48.23(2), Fla. . . .

    UNITED STATES v. WOODS, 436 F. Supp. 2d 753 (E.D.N.C. 2006)

    . . . . § 48.23 (2005); S.C.Code. Ann. § 15-11-10 (2005). . . .

    F. DEGUZMAN, v. BALSINI,, 930 So. 2d 752 (Fla. Dist. Ct. App. 2006)

    . . . notice of lis pen-dens filed in this case failed to comply with the statutory requirements of section 48.23 . . . pendens is procedurally defective if it fails to contain all of the required information under section 48.23 . . .

    LOIDL, v. I E GROUP, INC. a W. J., 927 So. 2d 1016 (Fla. Dist. Ct. App. 2006)

    . . . The Third District apparently based its decision on the language in section 48.23(3), Florida Statutes . . . Although the legislature created section 48.23(3) to allow a .trial court to control and discharge a . . .

    S AND T BUILDERS, v. GLOBE PROPERTIES, INC., 909 So. 2d 375 (Fla. Dist. Ct. App. 2005)

    . . . Section 48.23(3), Florida Statutes (2003), provides, with respect to actions not founded on a duly recorded . . .

    SCHWARTZ, v. ESTATE OF SCHWARTZ,, 905 So. 2d 1027 (Fla. Dist. Ct. App. 2005)

    . . . Section 48.23(2), Florida Statutes (2003), provides, inter alia, that “[n]o notice of lis pendens is . . . complaint seeking to set aside fraudulent transfers was not “founded on a duly recorded instrument.” § 48.23 . . . contends- that the 1994 final judgment is a “duly recorded instrument” within the meaning of section 48.23 . . . pendens was no longer “effectual for any purpose” when Wife # 3 moved to declare it invalid in 2004. § 48.23 . . . arising from the 1994 judgment, it would then be “founded on a duly recorded instrument” within section 48.23 . . .

    S. FISCHER A. Jr. A. Sr. A. Sr. v. M. FISCHER,, 873 So. 2d 534 (Fla. Dist. Ct. App. 2004)

    . . . Section 48.23(3), Florida Statutes (2003), applies when the initial pleading does not show that the claim . . . In the case of a section 48.23(3) lis pendens, the court cannot dissolve the lis pendens if the proponent . . .

    UNITED STATES v. WARD, a k a a k a v. v. G., 96 F. App'x 615 (10th Cir. 2004)

    . . . : Davis’ PSR attributed 18 ounces of powder cocaine, one-half pound of marijuana, and approximately 48.23 . . .

    VONMITSCHKE- COLLANDE v. KRAMER,, 841 So. 2d 481 (Fla. Dist. Ct. App. 2002)

    . . . Although Section 48.23(2), Florida Statutes (2001) sets up such a time limitation as to actions founded . . . on instruments not “duly recorded” , as is the case here, section 48.23(4) provides that the one year . . . Section 48.23(2), Florida Statutes (2001) reads: "No notice of lis pendens is effectual for any purpose . . . The court may impose such terms for the extension of time as justice requires.” .Section 48.23(4), Florida . . .

    BETSY ROSS HOTEL, INC. v. A. G. GLADSTONE ASSOCIATES, INC., 833 So. 2d 211 (Fla. Dist. Ct. App. 2002)

    . . . Section 48.23, Florida Statutes (1999), which governs various matters surrounding notices of lis pendens . . . We remind the reader of the language of section 48.23 which requires that the instrument in question . . . If the legislature so intended it would have done just as well by not enacting section 48.23(3). . . . .

    TAMPA BAY L. L. C. a v. LORELLO CYPRESS FAMILY LIMITED PARTNERSHIP, a W. Jr., 821 So. 2d 434 (Fla. Dist. Ct. App. 2002)

    . . . Jenne Corporation and that the notice of lis pendens failed to comply with the provisions of section 48.23 . . . Section 48.23(l)(a) requires that a notice of lis pendens contain “the names of the parties, the time . . . with the other facts contained in the notice, were sufficient to satisfy the requirements of section 48.23 . . .

    In MARTIN, v. T., 278 B.R. 634 (Bankr. S.D. Fla. 2002)

    . . . Florida Statutes § 48.23 governs notices of lis pendens. . . . The duration of a notice of lis pendens is determined by Florida Statutes § 48.23(2) which provides: . . . Stat. § 48.23(2) (1994) (emphasis added). . . . Applying Florida Statutes § 48.23(2) the natural expiration of the Notice of Lis Pendens would have occurred . . .

    In AUTO INTERNATIONAL REFRIGERATION, H. v., 275 B.R. 789 (Bankr. N.D. Tex. 2002)

    . . . $223,327.75 0.05% 0.00 111.66 11/16/98 GO 00 1,043.24 $222,284.51 0.05% 0.00 111.14 11/17/98 CO 03 48.23 . . .

    COPPENOLLE, v. FALCONE,, 802 So. 2d 462 (Fla. Dist. Ct. App. 2001)

    . . . bond because her complaint was founded on a “duly recorded document” within the meaning of section 48.23 . . .

    GOLDEN SHORES PROPERTIES, LLC. v. SANTOPIETRO,, 792 So. 2d 644 (Fla. Dist. Ct. App. 2001)

    . . . Section 48.23(3), Florida Statutes (2000), provides that “[w]hen the initial pleading does not show that . . .

    SELIGMAN, v. NORTH AMERICAN MORTGAGE COMPANY, M. M., 781 So. 2d 1159 (Fla. Dist. Ct. App. 2001)

    . . . valuable consideration and without notice, unless the same be recorded according to law However, section 48.23 . . . Cox, 57 Fla. 505, 49 So. 191 (1909), after citing to a prior similar version of section 48.23(1), the . . . a nullity on its face because it does not set forth the relief sought as to the property as section 48.23 . . .

    ARYEH TRADING, v. TRIMFAST GROUP, INC., 778 So. 2d 336 (Fla. Dist. Ct. App. 2000)

    . . . Avalon, a duly recorded instrument was necessary to maintain a lis pendens as of right, but section 48.23 . . .

    DOWDY, v. CHARTER FINANCIAL GROUP, INC., 122 F. Supp. 2d 1347 (M.D. Fla. 2000)

    . . . pendens in 1995, the government’s claim against the Lisa Lane property is barred pursuant to section 48.23 . . . Claim Under Florida Law The lis pendens statute on which the plaintiffs rely is codified at section 48.23 . . . Section 48.23(b), Fla. Stat. (1999). . . . Section 48.23(b), Fla. Stat. (1999). . . . Despite section 48.23(b)’s plain language, however, the United States Supreme Court has held that only . . .

    HOTEL EUROPE, INC. v. AOUATE,, 766 So. 2d 1149 (Fla. Dist. Ct. App. 2000)

    . . . Section 48.23, Florida Statutes (1999), reads, in pertinent parts, as follows: (1)(a) No action in any . . . Aouate’s attempt to correct these procedural deficiencies does not satisfy the requirements of section 48.23 . . . Section 48.23(2)(a) does not allow the extension of a lis pendens for more than a year unless “the relief . . . complaint is not founded upon a recorded instrument or upon a statutory lien, as required by section 48.23 . . . Furthermore, we agree with Hotel Europe that even if section 48.23 allowed a lis pendens in this case . . .

    AVALON ASSOCIATES OF DELAWARE LIMITED, v. AVALON PARK ASSOCIATES, INC., 760 So. 2d 1132 (Fla. Dist. Ct. App. 2000)

    . . . Lis pendens in Florida is governed by -section 48.23, Florida Statutes. . . . Thus section 48.23(3), Florida Statutes, is designed to moderate and to limit the common law effect of . . . Section 48.23 requires that the ac tion be founded on the recorded instrument. . . . with non-final appeals suggests potential inequities and a need for resolution of the discrepancy. . § 48.23 . . .

    DONG VAN NGUYEN, v. DOBBS INTERNATIONAL SERVICES, INC., 94 F. Supp. 2d 1043 (W.D. Mo. 2000)

    . . . Dennis McMurray, another driver, averaged 48.23 hours per week. Both Guy and McMurray are white. . . .

    THOMSON, v. THOMSON,, 751 So. 2d 103 (Fla. Dist. Ct. App. 1999)

    . . . As the husband’s interest is not founded upon a duly recorded instrument, section 48.23(3), Florida Statutes . . .

    UNITED STATES v. REGISTER, Jr., 182 F.3d 820 (11th Cir. 1999)

    . . . . § 48.23(l)("(a) No action in any of the state or federal courts in this state operates as a lis pendens . . .

    JOGE INVESTMENTS, INC. f k a N. V. a f k a N. V. a v. MILLENNIUM CAPITAL, LLC, a, 724 So. 2d 728 (Fla. Dist. Ct. App. 1999)

    . . . Section 48.23(l)(a), Florida Statutes (1997), requires that a notice of lis pendens contain “the names . . .

    M. DECUBELLIS, v. RITCHOTTE,, 730 So. 2d 723 (Fla. Dist. Ct. App. 1999)

    . . . Section 48.23, Florida Statutes (1997) defines the effect of a notice of lis pendens on rights in the . . . In relevant part, section 48.23 states that: [T]he filing for record of such notice of lis pendens shall . . .

    In KISH, KISH, v. VERNIERO, C., 221 B.R. 118 (Bankr. D.N.J. 1998)

    . . . from Ex parte Young ”); Modern Constitutional Law, Structure and Jurisdiction of Federal Courts, § 48.23 . . .

    MOSS, v. ARCA DEVELOPMENT, INC., 687 So. 2d 70 (Fla. Dist. Ct. App. 1997)

    . . . Under section 48.23(3), Florida Statutes (1995), they are therefore entitled to maintain a lis pen-dens . . .

    UNITED STATES, v. ST. PIERRE, St., 950 F. Supp. 334 (M.D. Fla. 1996)

    . . . . § 48.23 (West 1994). . . .

    SAILFISH POINT, INC. v. SAILFISH POINT OWNERS REPRESENTATIVES JAFFE,, 679 So. 2d 1283 (Fla. Dist. Ct. App. 1996)

    . . . ownership of the property in question, the lis pen-dens goes beyond the notice provisions of section 48.23 . . . the property involved or to be affected, and a statement of the relief sought as to the property. § 48.23 . . . While a notice of lis pendens may be filed on personal property such as the Utility stock, see section 48.23 . . .

    MEDICAL FACILITIES DEVELOPMENT, INC. v. LITTLE ARCH CREEK PROPERTIES, INC., 675 So. 2d 915 (Fla. 1996)

    . . . is not based upon a duly recorded instrument or a construction lien and is thus governed by section 48.23 . . . We resolve this conflict by holding that in situations governed by section 48.23(3), it is within the . . . The court first turned to section 48.23(3), Florida Statutes (1993), which governs a notice of lis pendens . . . See § 48.23(3). . . . A notice of lis pen-dens or actual notice filed on the public records, see § 48.23(l)(a), Fla. . . .

    LENNAR FLORIDA HOLDINGS, INC. v. FIRST FAMILY BANK,, 660 So. 2d 1122 (Fla. Dist. Ct. App. 1995)

    . . . See § 48.23(3), Fla.Stat. (1993); Mohican Valley, Inc. v. . . .

    THUNDER BASIN COAL COMPANY, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, 56 F.3d 1275 (10th Cir. 1995)

    . . . and plans for mine excavation, § 77.1101, roof control, § 75.220, and employee training, §§ 48.3 and 48.23 . . .

    MEDICAL FACILITIES DEVELOPMENT, INC. a v. LITTLE ARCH CREEK PROPERTIES, INC. a, 656 So. 2d 1300 (Fla. Dist. Ct. App. 1995)

    . . . Florida Statutes section 48.23 governs the use of a lis pendens, and treats a lis pendens as one of two . . . exists where the underlying action is not founded on a duly recorded instrument or construction lien. § 48.23 . . . control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23 . . . DCA 1989) (where a lis pendens is not founded upon a lawsuit involving a recorded instrument, section 48.23 . . . One of these reasons is based upon Florida Statutes section 48.23(3), and the other upon simple fairness . . . I concur with Judge Levy’s opinion and write only to point out the following: Section 48.23(3), Fla.Stat . . .

    HONEY, v. UNITED PARCEL SERVICE,, 879 F. Supp. 615 (S.D. Miss. 1995)

    . . . Larson, Workmen’s Compensation Law § 48.23 (1994) (employer obtaining workers from labor service such . . .

    BLISS, v. ERNST HOME CENTER, INC. a ERNST HOME CENTER,, 866 F. Supp. 1362 (D. Utah 1994)

    . . . Larson's Workmen's Compensation § 48.23; see also Marlow v. . . .

    ROGER HOMES CORP. v. PERSANT CONSTRUCTION CO., 637 So. 2d 5 (Fla. Dist. Ct. App. 1994)

    . . . The creation and maintenance of a lis pendens is controlled by section 48.23, Florida Statutes (1993) . . . be “founded upon a duly recorded instrument, or a mechanic’s lien claimed against the property.” § 48.23 . . . control and discharge the notice of lis pendens as the court may grant and dissolve injunctions.” § 48.23 . . . Furthermore, Persant is not entitled to a lis pendens based upon section 48.23(3), which allows a court . . .

    THUNDER BASIN COAL CO. v. REICH, SECRETARY OF LABOR,, 510 U.S. 200 (U.S. 1994)

    . . . and plans for mine evacuation, §77.1101, roof control, §75.220, and employee training, §§ 48.3 and 48.23 . . .

    HAISFIELD, J. s v. ACP FLORIDA HOLDINGS, INC., 629 So. 2d 963 (Fla. Dist. Ct. App. 1993)

    . . . See § 48.23(2), Fla.Stat. (1991). . . . See § 48.23(4). In Hough v. . . .

    BUCHANAN, v. W. SULLIVAN, Jr. a, 620 So. 2d 1301 (Fla. Dist. Ct. App. 1993)

    . . . is likely to arise again upon remand, we call the attention of the court and the parties to sections 48.23 . . . of lis pendens has been filed; (3) if an injunction is proper, whether it is necessary under section 48.23 . . .

    In HAISFIELD ENTERPRISES OF FLORIDA, PEABEY ASSOCIATES, ACP v. HAISFIELD, J. s a, 154 B.R. 803 (Bankr. S.D. Fla. 1993)

    . . . The state court analogized the language in Fla.Stat § 48.23(3) governing the filing of a lis pen-dens . . .

    CHIUSOLO, v. KENNEDY,, 614 So. 2d 491 (Fla. 1993)

    . . . . § 48.23(3), Fla.Stat. (1991). . . .

    A. GAY, v. GAY,, 604 So. 2d 904 (Fla. Dist. Ct. App. 1992)

    . . . CLASSIFICATION OF PENDING ACTION Section 48.23(3), Florida Statutes (1989), states: When the initial . . . We hold that the trial court was empowered to discharge the lis pendens under section 48.23(3) since . . .

    FINKELSTEIN, v. B. FINKELSTEIN,, 603 So. 2d 715 (Fla. Dist. Ct. App. 1992)

    . . . . § 48.23(3), Fla.Stat. (1991). . . . This court has held that under section 48.23(3) two consequences attach to the filing of a notice of . . .

    CHIUSOLO, v. KENNEDY, 589 So. 2d 420 (Fla. Dist. Ct. App. 1991)

    . . . happen here or in Sparks, then the challenging party should have the burden of proof pursuant to section 48.23 . . . That is not the intent of section 48.23(3). . . . Section 48.23(3) only uses the reference to “granting and dissolving injunctions” by way of analogy. . . . See § 48.23(3), Fla.Stat. (1989). . . . lis pen-dens is quashed, and this cause is remand ed for an evidentiary hearing pursuant to section 48.23 . . .

    DEPARTMENT OF LAW ENFORCEMENT, v. REAL PROPERTY,, 588 So. 2d 957 (Fla. 1991)

    . . . See § 48.23, Fla.Stat. (1989). . . .