Legal Opinion

305 Developers, LLC v. Buchalter

District Court of Appeal of Florida

Decided September 7, 2005No. 4D05-1202Published

1Per curiam

We grant the petition for writ of certio-rari and quash the order granting the motion to dissolve lis pendens. Buchman v. Fishbein, 537 So.2d 704 (Fla. 4th DCA 1989); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So.2d 45 (Fla.2d DCA 1984). We remand to the trial court to hear the issue of notice and opportunity to be heard on the motion to dissolve, and if applicable, the issues of the propriety of lis pendens and the requirement of a bond, after hearing argument and considering any evidence presented by both sides.

STEVENSON, C.J., WARNER and POLEN, JJ., concur.

2Cases cited2 opinions

  1. HALLMARK BLDRS. v. Hickory Lakes of BrandonDistrict Court of Appeal of Florida · 1984
  2. Buchman v. FishbeinDistrict Court of Appeal of Florida · 1989