Legal Opinion

Strategic Empowerment for Economic Development, Inc. v. South Dade Realty, Inc.

District Court of Appeal of Florida

Decided July 29, 2009No. 3D08-2995Published

1Opinion of the CourtShepherd, J.

Strategic Empowerment for Economic Development, Inc. (SEED), the seller in a commercial real estate transaction, appeals an interlocutory order granting its motion to dissolve a lis pendens filed by broker, South Dade Realty, Inc. (SDR), to the extent it purports to encumber or cloud title to the real property subject to the contract for sale, see § 475.42(l)(j), Fla. *261Stat. (2008) (prohibiting real estate brokers and salesmen from encumbering real property to collect a commission), but in the same breath ordering that “The Notice of Lis Pendens shall constitute an equitable lien upon the net…

2Cases cited5 opinions

  1. Med. Facilities Dev. v. Little Arch CreekSupreme Court of Florida · 1996
  2. Depass v. ChittySupreme Court of Florida · 1925
  3. Cohen Financial, Lp v. kmc/ec II, LLCDistrict Court of Appeal of Florida · 2007
  4. Riverland and Indian Sun v. Lj MelodyDistrict Court of Appeal of Florida · 2004
  5. We're Associates VI Ltd. Partnership v. Curzon Development Corp.District Court of Appeal of Florida · 1999

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