Medical Facilities Development, Inc. v. Little Arch Creek Properties, Inc.

LEVY, Judge.

This case presents for our consideration the question of under what circumstances a bond must be posted by the proponent of a lis pendens, when the lis pendens is not based upon a duly recorded instrument or construction lien. Based upon our conclusion that the law of this state permits a bond to be readily available to protect the interests of a property owner who has had a lis pendens filed against their property, we affirm the trial court’s imposition of such a bond.

I

Appellee Little Arch Creek Properties, Inc. (hereafter “LACPI”) owns a medical office building which it sought…