Okur v. Torres

SCHWARTZ, Chief Judge.

The only basis even asserted for maintaining a lis pendens on property owned by the landlord pending a counterclaim for damages against him by his ex-tenants, the appellees, is that the lease agreement provided that the landlord’s potential liability for breach was limited to his interest in the property.1 It is plain that this provision does no more than limit the recovera-bility of damages and does not involve a potential interest of the tenants in the realty itself, as is essential for a lis pen-dens. See Space Development, Inc. v. Florida One Constr., Inc., 657 So.2d…