Florida Statutes

Fla. Stat. § 48.23 (2025)

Lis pendens.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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records of the county where the property is located and such notice has not expired pursuant to subsection (2) or been withdrawn or discharged.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lien upon, the real or personal property unless a notice of lis pendens has been recorded and has not expired or been withdrawn or discharged.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were filed in such action by the party who failed to record a notice of lis pendens or whose notice expired or was withdrawn or discharged, and from any judgment entered in the proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive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

Notes of Decisions

Cited in 207 cases (34 in the last 5 years), 1971–2026 · leading case: Adhin v. First Horizon Home Loans, 44 So. 3d 1245 (Fla. 5th DCA 2010).

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Adhin v. First Horizon Home Loans, 44 So. 3d 1245 (Fla. 5th DCA 2010). · cites it 19× “See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.”

Jallali v. Knightsbridge Vill. Homeowners Ass'n, 211 So. 3d 216 (Fla. 4th DCA 2017). · cites it 30× “3d at 978-80 , and section 48.23, Florida Statutes (2012). The trial court denied the motion and this appeal followed.”

Med. Facilities Dev. v. Little Arch Creek, 675 So. 2d 915 (Fla. 1996). · cites it 10× “A notice of lis pendens or actual notice filed on the public records, see § 48.23(1)(a), Fla. Stat. (1995), protects both the lis-pendens proponent and third parties.”

S & T BUILDERS v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006). · cites it 9× “Since the attorney's fees incurred in obtaining the dissolution of an injunction are recoverable from a surety bond, we conclude that section 48.23 of the Florida Statutes similarly permits a recovery of the attorney's fees incurred in obtaining a discharge of a lis pendens.”

Procacci v. Zacco, 402 So. 2d 425 (Fla. 4th DCA 1981). · cites it 6× “At the same time, appellants filed a notice of lis pendens [1] pursuant to Section 48.23, Florida Statutes (1973). The case was tried before the court and resulted in a determination that no easement existed; thus, a verdict for the appellees/defendants.”

Nikooie v. JPMorgan Chase Bank, N.A., 183 So. 3d 424 (Fla. 3d DCA 2014). · cites it 13× “mortgage for

Bothmann v. Harrington, 458 So. 2d 1163 (Fla. 3d DCA 1984). · cites it 5× “§ 48.23(1)(a), Fla. Stat. (1979). The trial court, in its discretion, could have dissolved the notice of lis pendens based upon these defects.”

U.S. Bank Nat. Ass'n v. Quadomain Condominum Ass'n, 103 So. 3d 977 (Fla. 4th DCA 2012). · cites it 6× “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.…”

Landmark At Crescent Ridge LP v. Everest Fin., Inc., a California Corp., 219 So. 3d 218 (Fla. 1st DCA 2017). · cites it 4× “While there are differences between the law applicable to actions for certiorari review and for injunctive relief, the causes are related in light of section 48.23, Florida Statutes. That statute provides that where, as here, the notice of lis pendens is not founded on a…”

Muniz v. Crystal Lake Proj., LLC, 947 So. 2d 464 (Fla. 3d DCA 2006). · cites it 4× “The trial court further found that the lis pendens statutorily expired on March 12, 2005 per section 48.23, Florida Statutes. [2] As to the Seller's counterclaim for breach of contract, the trial court denied the claim, specifying that the Seller could not invoke a benefit under…”

Kent v. Kent, 431 So. 2d 279 (Fla. 5th DCA 1983). · cites it 6× “Likewise, this is why Section 48.23(2), Fla. Stat. (1981), makes a distinction as to the life of a lis pendens in favor of an action founded on a duly recorded instrument and against an action that is not.”

Nationstar Mortg., LLC v. Weiler, 227 So. 3d 181 (Fla. 2d DCA 2017). · cites it 4× “First, the Weilers argued that section 48.23, Florida Statutes (2014) (the notice of lis pendens statute), discharged Nations-tar’s unrecorded interest and lien.”

Show all 207 citing cases →

— 48.23(1) — 8 cases

State-Wide Constr., Inc. v. Dowda, 424 So. 2d 198 (Fla. 5th DCA 1983).

Jallali v. Knightsbridge Vill. Homeowners Ass'n, 211 So. 3d 216 (Fla. 4th DCA 2017). “3d at 978-80 , and section 48.23, Florida Statutes (2012). The trial court denied the motion and this appeal followed.”

100 Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, 180 So. 3d 134 (Fla. 3d DCA 2015).

Seligman v. North Am. Mortg. Co., 781 So. 2d 1159 (Fla. 4th DCA 2001).

Fallon Rahima Jallali v. Knightsbridge Vill. Homeowners Ass'n, Inc. (Fla. 4th DCA 2016).

— 48.23(1)(a) — 14 cases

Bothmann v. Harrington, 458 So. 2d 1163 (Fla. 3d DCA 1984). “§ 48.23(1)(a), Fla. Stat. (1979). The trial court, in its discretion, could have dissolved the notice of lis pendens based upon these defects.”

DeGuzman v. Balsini, 930 So. 2d 752 (Fla. 5th DCA 2006).

Procacci v. Zacco, 402 So. 2d 425 (Fla. 4th DCA 1981). “At the same time, appellants filed a notice of lis pendens [1] pursuant to Section 48.23, Florida Statutes (1973). The case was tried before the court and resulted in a determination that no easement existed; thus, a verdict for the appellees/defendants.”

Med. Facilities Dev. v. Little Arch Creek, 675 So. 2d 915 (Fla. 1996). “A notice of lis pendens or actual notice filed on the public records, see § 48.23(1)(a), Fla. Stat. (1995), protects both the lis-pendens proponent and third parties.”

Dunn v. Stack, 394 So. 2d 1076 (Fla. 1st DCA 1981).

— 48.23(1)(b) — 10 cases

Nikooie v. JPMorgan Chase Bank, N.A., 183 So. 3d 424 (Fla. 3d DCA 2014). “mortgage for

Adhin v. First Horizon Home Loans, 44 So. 3d 1245 (Fla. 5th DCA 2010). “See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.”

GIFFEN IND., ETC. v. Se. Assocs., Inc., 357 So. 2d 217 (Fla. 1st DCA 1978).

Cleveland Trust Co. v. Ousley Sod Co., 351 So. 2d 58 (Fla. 4th DCA 1977).

Jack Townsend III, Tr. v. C.T. Box, Tr. (Fla. 4th DCA 2020).

— 48.23(1)(d) — 13 cases

Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc., 238 So. 3d 405 (Fla. 1st DCA 2018).

Fl Homes 1, LLC & Jose Perez v. Toula Kokolis, as Tr., Etc., 271 So. 3d 6 (Fla. 4th DCA 2019).

Fallon Rahima Jallali v. Knightsbridge Vill. Homeowners Ass'n, Inc. (Fla. 4th DCA 2016).

Wilmington Sav. Fund Soc'y, FSB, d/b/a Christiana Trust, Etc. v. Gulfstream of Las Olas Condo. Assoc. Inc. (Fla. 4th DCA 2021).

Kirkpatrick Trust, a Florida Land Trust Dated July 1, 2021 v. Lakeview Loan Servicing, LLC., Darchel Houston (Fla. 1st DCA 2024).

— 48.23(2) — 37 cases

Olesh v. Greenberg, 978 So. 2d 238 (Fla. 5th DCA 2008).

Muniz v. Crystal Lake Proj., LLC, 947 So. 2d 464 (Fla. 3d DCA 2006). “The trial court further found that the lis pendens statutorily expired on March 12, 2005 per section 48.23, Florida Statutes. [2] As to the Seller's counterclaim for breach of contract, the trial court denied the claim, specifying that the Seller could not invoke a benefit under…”

Vonmitschke-Collande v. Kramer, 841 So. 2d 481 (Fla. 3d DCA 2002).

J.B.J. Inv. of South Florida, Inc. v. Maslanka, 163 So. 3d 726 (Fla. 5th DCA 2015).

Bank of Am. v. Bank of Salem, 48 So. 3d 155 (Fla. 1st DCA 2010).

— 48.23(2)(a) — 1 case

Hotel Eur., Inc. v. Aouate, 766 So. 2d 1149 (Fla. 3d DCA 2000).

— 48.23(3) — 98 cases

S & T BUILDERS v. Globe Props., Inc., 944 So. 2d 302 (Fla. 2006). “Since the attorney's fees incurred in obtaining the dissolution of an injunction are recoverable from a surety bond, we conclude that section 48.23 of the Florida Statutes similarly permits a recovery of the attorney's fees incurred in obtaining a discharge of a lis pendens.”

Kent v. Kent, 431 So. 2d 279 (Fla. 5th DCA 1983). “Likewise, this is why Section 48.23(2), Fla. Stat. (1981), makes a distinction as to the life of a lis pendens in favor of an action founded on a duly recorded instrument and against an action that is not.”

Sparks v. Charles Wayne Grp., 568 So. 2d 512 (Fla. 5th DCA 1990).

Berkley Multi-Units, Inc. v. Linder, 464 So. 2d 1356 (Fla. 4th DCA 1985).

— 48.23(4) — 5 cases

Vonmitschke-Collande v. Kramer, 841 So. 2d 481 (Fla. 3d DCA 2002).

Haisfield v. ACP Florida Holdings, Inc., 629 So. 2d 963 (Fla. 4th DCA 1993).

Hough v. Stewart, 543 So. 2d 1279 (Fla. 5th DCA 1989).

Lb Judgment Holdings v. Boschetti, 271 So. 3d 115 (Fla. 3d DCA 2019).

Sandalwood 7160 LLC v. Gonzalo J. Estevez (Fla. 3d DCA 2026).

— 48.23(8) — 1 case

Perdomo v. Cabrera, 963 So. 2d 736 (Fla. 3d DCA 2007).

— 48.23(b) — 2 cases

U.S. Bank Nat'l Ass'n. v. Bevans, 138 So. 3d 1185 (Fla. 3d DCA 2014).

Dowdy v. Charter Fin. Grp., Inc., 122 F. Supp. 2d 1347 (M.D. Fla. 2000).

— 48.23(d) — 2 cases

Fed. Nat'l Mortg. Assocation v. Miami Dade Cnty.,Florida (S.D. Fla. 2020).

2408 W Kennedy LLC v. Bank of Cent. Florida, a Florida Banking Corpora (Bankr. M.D. Fla. 2022).

— 48.23(l)(a) — 3 cases

Sailfish Point, Inc. v. Sailfish Point Owners Representatives ex rel. Jaffe, 679 So. 2d 1283 (Fla. 4th DCA 1996).

Tampa Bay 1, L.L.C. v. Lorello Cypress Fam. Ltd. P'ship, 821 So. 2d 434 (Fla. 2d DCA 2002).

Strategic Empowerment for Econ. Dev., Inc. v. South Dade Realty, Inc., 14 So. 3d 260 (Fla. 3d DCA 2009).

— 48.23(l)(b) — 5 cases

Adhin v. First Horizon Home Loans, 44 So. 3d 1245 (Fla. 5th DCA 2010). “See § 48.23, Fla. Stat. (2008); see also Taylor, 944 So.”

Nikooie v. JPMorgan Chase Bank, N.A., 183 So. 3d 424 (Fla. 3d DCA 2014). “mortgage for

In Re Whitehead, 399 B.R. 570 (Bankr. S.D. Florida 2009).

Fed. Sav. & Loan Ins. v. Florida 100 Dev. Grp., Inc., 670 F. Supp. 1577 (S.D. Fla. 1987).

— 48.23(l)(c) — 1 case

In Re Amendments to the Florida Rules of Civil Procedure, 20 So. 3d 379 (Fla. 2009).

— 48.23(l)(d) — 7 cases

Carlisle v. U.S. Bank, Nat'l Ass'n, 225 So. 3d 893 (Fla. 3d DCA 2017).

U.S. Bank Nat. Ass'n v. Quadomain Condominum Ass'n, 103 So. 3d 977 (Fla. 4th DCA 2012). “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.…”

Ditech Fin. LLC, f/k/a Green Tree Servicing LLC v. Valetta M. White, 222 So. 3d 603 (Fla. 4th DCA 2017).

Barnsdale Holdings, LLC v. PHH Mortg. Corp., 170 So. 3d 863 (Fla. 3d DCA 2015).

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