Boca Petroco, Inc. v. Petroleum Realty II

I respectfully disagree with the majority regarding what constitutes a valid lis pendens. The majority expressly requires as a prerequisite to a valid lis pendens that the court in which the notice is filed not only be the court that has jurisdiction over the real property for which a notice of lis pendens is sought, but “ ‘must [also] be the court before which the underlying litigation was filed.’ [Cit.]” Majority Opinion, p. 489. The majority’s holding, however, not only bars out-of-state litigants from filing a valid lis pendens in Georgia, it also adversely affects Georgia litigants whose…