Florida Statute 48.23 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 48
PROCESS AND SERVICE OF PROCESS

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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records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.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lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.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that were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive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.

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:

Cases Citing Statute 48.23

Total Results: 20

HUTCHINS v. SCT TRADING, LLC, 8831 W. HILLSBOROUGH AVE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: pendens. The trial court granted the motion.1 See § 48.23(2), Fla. Stat. (2023) ("A notice of lis pendens…the statutory reference to injunctions in section 48.23(3) of the Florida Statutes to authorize a trial … statutory reference to injunctions [in section 48.23(3)] exists merely to permit property holders to

KIRKPATRICK TRUST, A FLORIDA LAND TRUST DATED JULY 1, 2021 v. LAKEVIEW LOAN SERVICING, LLC., DARCHEL HOUSTON

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: governed by section 48.23(1)(d), Florida Statutes. See Fla. R. Civ. P. 1.230; § 48.23(1)(d), Fla. Stat.

Adeena Weiss-Ortiz, etc. v. TIG Romspen US Master Mortgage LP

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: Mortgage LP.1 The trial court found that section 48.23(1)(b), Florida Statutes (2020), shielded the mortgagees…entitled to a final judgment pursuant to section 48.23(1)(b)2., Florida Statutes, because it acquired its…first, the lis pendens statute, codified in section 48.23, Florida Statutes, “defines the notice of lis pendens…So. 3d 1245, 1252 (Fla. 5th DCA 2010). Section 48.23(1)(b), Florida Statutes (2019), the lis pendens …dispositive. Casting aside the fact that section 48.23(1)(b), Florida Statutes, strictly insulates non-parties

ADEENA WEISS, etc. v. CAROLINE WEISS

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-11T00:00:00-07:00

Snippet: Mortgage LP.1 The trial court found that section 48.23(1)(b), Florida Statutes (2020), shielded the mortgagees…entitled to a final judgment pursuant to section 48.23(1)(b)2., Florida Statutes, because it acquired its…first, the lis pendens statute, codified in section 48.23, Florida Statutes, “defines the notice of lis pendens…So. 3d 1245, 1252 (Fla. 5th DCA 2010). Section 48.23(1)(b), Florida Statutes (2019), the lis pendens … Further, casting aside the fact that section 48.23(1)(b) strictly insulates nonparties and both BI

Ekaterina Zakharova v. Innovative Technologies & Consulting Limited Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-30T00:00:00-07:00

Snippet: ANALYSIS Section 48.23, Florida Statutes (2023), confers control over notices…So. 3d 115, 118–19 (Fla. 3d DCA 2019) (quoting § 48.23(3), Fla. Stat.). Such notices are “not effectual…expiration on reasonable notice and for good cause.” § 48.23(2), Fla. Stat. Although the statute implies

SHARON MOORE BODE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-23T23:53:00-08:00

Snippet: pendens in the instant case, and affirm. 1 See § 48.23(3), Fla. Stat. (2022) (“When the pending pleading…founded on a duly recorded instrument under section 48.23—because his claim was not based “upon the terms …recorded instrument” within the meaning of section 48.23, Florida Statutes, and thus the maintenance of

INLET COLONY, LLC v. WIGHT MARTINDALE, III

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: Property Sales and Exchanges § 82 (1984)). Section 48.23, Florida Statutes (2020) controls the discharge … injunctions.” Seller contends that section 48.23(1)(b)2. does not include the time for an appeal …awaiting the time for appeal to expire. Section 48.23(1)(b)2. was adopted to prevent a lis pendens from…not contrary to the terms of the statute. Section 48.23(3) provides that discharge is in the control of

NERJA I. JAKUBOW v. RAFAEL JAKUBOW

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

Snippet: appellant’s argument, and deny the petition. See § 48.23(3), Fla. Stat. (2021) (“When the pending pleading

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

MAURICE SYMONETTE v. JPMORGAN CHASE BANK, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 48.23(1)(d), Fla. Stat. (providing that, subject to exceptions

FRANK E. WALSH, III v. KIMBERLY ABATE, SUCCESSOR TRUSTEE OF THE 3388 BARROW ISLAND TRUST

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat. (2020); see also Jameson v. Jameson

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST, ETC. v. GULFSTREAM OF LAS OLAS CONDOMINIUM ASSOC. INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: Services. The trial court relied on section 48.23(1)(d), Florida Statutes (2020), and U.S. Bank National… the Association’s receivership action. Section 48.23(1)(d) states that the recording of a notice of lis…1930)). The trial court’s reliance on section 48.23(1)(d) and Quadomain is misplaced as demonstrated

PRONTOCASH, LLC v. THE AUTOBOUTIQUE OF MIAMI, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-07T23:53:00-08:00

Snippet: –19 (Fla. 3d DCA 2019) provided, Section 48.23, Florida Statutes (2018), governs notices of lis… and the prerequisites for filing them. Section 48.23(3) specifies that when, as here, the underlying

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-04T00:53:00-07:00

Snippet: notice of lis pendens—which is governed by section 48.23, Florida Statutes—provided sufficient notice of …constructive notice of Oz’s claims in violation of section 48.23, Florida Statutes”); One Parcel, 715 F. Supp. at

DAVID PETKOVICH v. SANDY POINT CONDOMINIUM APARTMENTS ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: duly recorded instrument, as provided in section 48.23, Florida Statutes. 1 Relying upon the Florida Supreme…pending suit.”) (citation omitted). Section 48.23, Florida Statutes, confers control over such notices…court would grant and dissolve injunctions.” § 48.23(3), Fla. Stat. Historically, whether an action…duly recorded instrument’ as set forth in section 48.23, Florida Statutes[,] . . . authorizing the maintenance…upon a duly recorded instrument.’” Id. (quoting § 48.23, Fla. Stat.). 4 The statutory provision

JACK TOWNSEND III, TRUSTEE v. C.T. BOX, TRUSTEE

Court: Fla. Dist. Ct. App. | Date Filed: 2020-02-11T23:53:00-08:00

Snippet: such unrecorded interests and liens. . . . § 48.23(1)(b), Fla. Stat. (2002) (emphasis added). 2 …xcept for the interest of persons in possession.” § 48.23(1)(b), Fla. Stat. That clause cannot be ignored …the lender argues the second sentence of section 48.23(1)(b) applies to all holders of unrecorded interests…interests discussed in the first sentence. See § 48.23(1)(b), Fla. Stat. As a result, the second sentence…all such unrecorded interests and liens. . . . § 48.23(1)(d), Fla. Stat. (2020). For purposes of this appeal

FL HOMES 1, LLC and JOSE PEREZ v. TOULA KOKOLIS, as Trustee, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-15T00:00:00-07:00

Citation: 271 So. 3d 6

Snippet: unrecorded interests were discharged by section 48.23, Florida Statutes. Appellants responded that…all unrecorded interests and liens under section 48.23(1)(d), Florida Statutes (2017). Appellants responded…cannot have had any legal effect. Under section 48.23, the nullifying impact of the lis pendens statute…lawsuit “to a judicial sale of the property.” § 48.23(1)(d), Fla. Stat. (2017). A void final judgment …holding is that appellee may not rely on section 48.23 in a summary judgment to obtain a final judgment

Lb Judgment Holdings v. Boschetti

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: issue, and thus our review is de novo. Section 48.23, Florida Statutes (2018), governs notices of lis…and the prerequisites for filing them. Section 48.23(3) specifies that when, as here, the underlying … 12 We repeat the text of section 48.23(3) as it relates to notices of lis pendens for … 302, 303 (Fla. 2006). Further, section 48.23(2) limits the notices of lis pendens in the present…force. Non-compliance with these bond 9 Section 48.23(4), Florida Statutes (2018), also specifies that

Nieto Villamizar v. Luna Capital Partners

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

Snippet: become a lien on the property.” Section 48.23, Florida Statutes (2017), governs notices of lis…not expired or been withdrawn or discharged.” § 48.23(1)(a) (emphasis provided). In the present case, …appeal that discharge. Moreover, section 48.23(2) specifies that a notice of lis pendens “is not