305 Developers, LLC v. Buchalter

District Court of Appeal of Florida

305 Developers, LLC v. Buchalter

932 So. 2d 228, 2005 Fla. App. LEXIS 14089, 2005 WL 2138955

District Court of Appeal of Florida·Decided September 7, 2005·No. No. 4D05-1202·Published

Opinion

PER CURIAM.

We grant the petition for writ of certio-rari and quash the order granting the motion to dissolve lis pendens. Buchman v. Fishbein, 537 So.2d 704 (Fla. 4th DCA 1989); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So.2d 45 (Fla.2d DCA 1984). We remand to the trial court to hear the issue of notice and opportunity to be heard on the motion to dissolve, and if applicable, the issues of the propriety of lis pendens and the requirement of a bond, after hearing argument and considering any evidence presented by both sides.

STEVENSON, C.J., WARNER and POLEN, JJ., concur.

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PER CURIAM.

We grant the petition for writ of certio-rari and quash the order granting the motion to dissolve lis pendens. Buchman v. Fishbein, 537 So.2d 704 (Fla. 4th DCA 1989); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So.2d 45 (Fla.2d DCA 1984). We remand to the trial court to hear the issue of notice and opportunity to be heard on the motion to dissolve, and if applicable, the issues of the propriety of lis pendens and the requirement of a bond, after hearing argument and considering any evidence presented by both sides.

STEVENSON, C.J., WARNER and POLEN, JJ., concur.

305 Developers, LLC v. Buchalter, 932 So. 2d 228, 2005 Fla. App. LEXIS 14089, 2005 WL 2138955 (Fla. Ct. App. 2005).

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