Legal Opinion · Dissent

de la Fuente v. Adrian Developers Corp.

District Court of Appeal of Florida

Decided September 12, 2007No. 3D06-2591Published

1DissentShepherd, J.

The issue in this case is whether a third lis pendens filed in litigation arising out of an unrecorded purchase and sale contract for eighty-two acres of unimproved land in Miami-Dade County should be discharged.4 The lis pendens was filed on August 16, 2005, nearly three years after the commencement of this action, and thirty-four months after the filing by the defendant buyer, Adrian Developers Corp., of the specific performance counterclaim on which the lis pendens rests. Two earlier lis pendens and one subsequent lis pendens filed by Adrian either have been discharged by the trial court…

2Cases cited5 opinions

  1. Goode v. StateSupreme Court of Florida · 1905
  2. HALLMARK BLDRS. v. Hickory Lakes of BrandonDistrict Court of Appeal of Florida · 1984
  3. City of Miami v. ValdezDistrict Court of Appeal of Florida · 2003
  4. Taylor v. SteckelDistrict Court of Appeal of Florida · 2006
  5. Adrian Developers Corp. v. de la FuenteDistrict Court of Appeal of Florida · 2004

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