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BERKLEY MULTI-UNITS, INC. v. LINDER

No. 84-1320.

464 So.2d 1356 (1985)

BERKLEY MULTI-UNITS, INC., et al., Petitioners, v. Dennis G. LINDER, et al., Respondents.

District Court of Appeal of Florida, Fourth District.

March 20, 1985.

Attorney(s) appearing for the Case

Wayne Carson of Bernstein, Bernstein & Stein, Fort Lauderdale, for petitioner Berkley Multi-Units, Inc.

Steven I. Greenwald of Law Offices of Steven I. Greenwald, P.A., Boca Raton, for petitioners Gary Allen, Victor Bergelson and Florida Consolidated Equities Corp.

Robert A. Eisen of Marchbanks, Eisen & Feaman, P.A., Boca Raton, for respondents.

EN BANC.

HERSEY, Judge.

This case presents the recurring problem which confronts trial courts when application is made for dissolution of a notice of lis pendens.

The statute is rather straightforward and provides in the subsection material in these cases:

(3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may...

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