Surtain v. Caprio

Patrick F. Surtain and Michelle J. Sur-tain, plaintiffs below, seek certiorari review of a trial court order which granted the motion by defendant Landmark Custom Ranches, Inc. (Landmark) to dissolve and/or strike Plaintiffs’ amended notice of lis pendens. We grant the petition, quash the order, and remand for further proceedings.

Plaintiffs’ original complaint essentially sought rescission of a real estate contract in which they had agreed to have Landmark construct a home for them on property it owned. However, their amended complaint included a count for unjust enrichment and another to…