No. 86-2663 | Fla. Dist. Ct. App. | Jan 7, 1987
Lazzara, the purchaser at a foreclosure sale of certain real property, petitions this court for a writ of certiorari to review an order denying his motion to discharge a lis pendens filed against the property. The lis pendens was filed by Molins, the former owner of the property, who is the third party plaintiff in a pending lawsuit arising from the foreclosure. The final judgment of foreclosure was affirmed on appeal. Molins v. Freedom Savings & Loan Association, 485 So.2d 431 (Fla. 2d DCA 1986). Lazzara is not a party to that suit, and if Molins prevails she will recover, at most, money damages from the third party defendants. Since Molins’ complaint does not support a direct claim against the property, we agree with Lazzara that the lower court should have discharged the lis pendens. Lake Placid Holding Co. v. Paparone, 414 So. 2d 564" date_filed="1982-04-28" court="Fla. Dist. Ct. App." case_name="Lake Placid Holding Co. v. Paparone">414 So.2d 564 (Fla. 2d DCA 1982). Worldwide Development — Kendale Lakes West v. Lot Headquarters, Inc., 305 So. 2d 271" date_filed="1974-12-31" court="Fla. Dist. Ct. App." case_name="Worldwide Dev.-Kendale Lakes West v. Lot Head., Inc.">305 So.2d 271 (Fla. 3d DCA 1974).
The petition for writ of certiorari is granted.