DAVID PETKOVICH v. SANDY POINT CONDOMINIUM APARTMENTS ASSOCIATION, INC.
20-1775
| Fla. Dist. Ct. App. | Jun 30, 2021Background
- Petitioners bought two condominium units in Islamorada and sued Sandy Point Condominium Apartments Association, Inc., asserting ownership of areas the Association claimed as common elements.
- Petitioners alleged defects in the chain of title: recorded conveyance documents omitted essential signatures/pages.
- The Association counterclaimed for reformation and quiet title; petitioners recorded a lis pendens and the parties conducted discovery.
- The trial court entered interlocutory summary judgment for the Association on its reformation claim, finding defects (missing signatures/pages), and subsequently discharged the lis pendens.
- Petitioners sought certiorari review of the lis pendens discharge, raising whether their action is "founded upon a duly recorded instrument" under section 48.23, Florida Statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suit to invalidate conveyances and the recorded condominium instruments is "founded upon a duly recorded instrument" under § 48.23, entitling petitioners to a lis pendens as a matter of right | Petitioners: The action attacks recorded documents and therefore is founded on recorded instruments, so lis pendens must be maintained as of right | Association: The claim depends on defects in execution/circumstances (missing signatures/pages), not on the terms of the recorded instruments, so lis pendens is not automatic | Court held the claim rests on the circumstances of execution (not the instruments' terms); lis pendens is not as of right and trial court properly discharged it |
Key Cases Cited
- American Legion Community Club v. Diamond, 561 So. 2d 268 (Fla. 1990) (holding suits to void conveyances based on execution circumstances are not "founded on a duly recorded instrument" for lis pendens purposes)
- Moss v. Arca Dev., Inc., 687 So. 2d 70 (Fla. 3d DCA 1997) (if an action is founded on a recorded instrument, lis pendens may be maintained as a matter of right)
- Golden State Bottling Co. v. N.L.R.B., 414 U.S. 168 (U.S. 1973) (describing the longstanding doctrine and effect of lis pendens)
- Warren County v. Marcy, 97 U.S. 96 (U.S. 1877) (explaining purchasers are charged with notice of suits affecting title)