SCHWARTZ v. ESTATE OF SCHWARTZ

No. 4D04-962.

905 So.2d 1027 (2005)

Marilyn SCHWARTZ, the first ex-wife of Bernard Schwartz, Petitioner, v. ESTATE OF Bernard SCHWARTZ, and Marilyn Schwartz, the third ex-wife of Bernard Schwartz, Respondent.

District Court of Appeal of Florida, Fourth District.

July 6, 2005.


Attorney(s) appearing for the Case

Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for petitioner.

Robert A. Sweetapple and Peter J. Sosin of Sweetapple, Broeker, Varkas & Feltman, Boca Raton, for respondents.


GROSS, J.

This petition for writ of certiorari challenges an order which determined that a lis pendens was invalid. We deny the petition, because the 1996 notice of lis pendens was not founded on a duly-recorded instrument, so that it was no longer effectual in 2004, when respondent sought to declare it invalid.

Bernard Schwartz had three wives; the first and third wives were both named Marilyn. For the purpose of clarity, we will refer to the Marilyns as...

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