Cadle Co. v. Gabel

Opinion

LAVERY, C. J.

The defendant Elizabeth Gabel appeals from the judgment of the trial court denying her motion *281to discharge the plaintiffs notice of lis pendens.1 She argues on appeal that the court improperly denied the motion to discharge because the stipulated facts precluded a finding of probable cause to sustain the lis pendens. Elizabeth Gabel claims that there was no probable cause because (1) the lack of equity in the subject property was fatal to either the plaintiffs constructive trust claim or its fraudulent transfer claims, (2) the plaintiffs claims were barred by the doctrine…