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MED. FAC. v. LITTLE ARCH CREEK PROPERTIES

No. 94-1662.

656 So.2d 1300 (1995)

MEDICAL FACILITIES DEVELOPMENT, INC., a Florida Corporation, Appellant, v. LITTLE ARCH CREEK PROPERTIES, INC., a Florida Corporation; and Robb Evans, as Trustee for Certain Assets of the United States, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 2, 1995.

Attorney(s) appearing for the Case

Ruden, Barnett, McClosky, Smith, Schuster & Russell, and Nancy Gregoire and John R. Keller and Terrence Russell, Ft. Lauderdale, for appellant.

Stuzin and Camner and Stanley A. Beiley, for appellee Little Arch Creek Properties, Inc.

Before BARKDULL, LEVY, and GREEN, JJ.

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...

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