Legal Opinion · Concurring in part, dissenting in part
Bank of Am., N.A. v. Mirabella Owners' Ass'n, Inc.
District Court of Appeal of Florida
Decided January 29, 2018No. 1D16–1079; No. 1D16–1093Published
1Concurring in part, dissenting in partWinsor, J.
*408The trial court should have granted Bank of America's motion to vacate. The notice of lis pendens, filed in 2012, barred "the enforcement against the property ... of all interests and liens ... unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice." § 48.23(1)(d), Fla. Stat. (2012) ; accord Westburne Supply, Inc. v. Cmty. Villas Partners, Ltd. , 508 So.2d 431, 434 (Fla. 1st DCA 1987) ("The principal purpose of filing a notice of lis pendens, as manifested in…
2Cases cited3 opinions
- U.S. Bank Nat. Ass'n v. Quadomain Condominum Ass'nDistrict Court of Appeal of Florida · 2012
- Westburne Supply v. Comm. Villas PartnersDistrict Court of Appeal of Florida · 1987
- Jallali v. Knightsbridge Village Homeowners Ass'nDistrict Court of Appeal of Florida · 2017