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DIAMOND v. AMERICAN LEGION COMMUNITY CLUB OF COCONUT GROVE, INC.

No. 88-1479.

544 So.2d 239 (1989)

Murray DIAMOND, Appellant, v. AMERICAN LEGION COMMUNITY CLUB OF COCONUT GROVE, INC., and Armando E. Lacasa, P.A., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 28, 1989.

Attorney(s) appearing for the Case

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Miami, for appellant.

Armando E. Lacasa, Coral Gables, Taylor, Brion, Buker & Greene and James W. Moore, Miami, for appellees.

Before BARKDULL, HUBBART and BASKIN, JJ.

PER CURIAM.

We hold that a lawsuit to quiet title to real property predicated on allegations of fraudulent conveyance and misrepresentation is not an "action ... founded upon a duly recorded instrument," and therefore, a notice of lis pendens1 filed in such an action is not "effectual for any purpose beyond one year from the commencement of the action ... except when the court extends the time on reasonable notice and for good cause."...

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