Glanz v. Glanz

District Court of Appeal of Florida

Glanz v. Glanz

63 So. 3d 936, 2011 Fla. App. LEXIS 10195, 2011 WL 2555424

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 2011

DocketNo. 4D11-499

StatusPublished

This text of 63 So. 3d 936 (Glanz v. Glanz) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Glanz v. Glanz, 63 So. 3d 936, 2011 Fla. App. LEXIS 10195, 2011 WL 2555424 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Petitioner and respondent were involved in a bitter divorce. After the petitioner failed to pay sums due by the final judgment, the respondent moved for an order to permit her to file a notice of lis pendens against the former husband’s office condominium, which was owned by a separate corporation, Glanz Real Estate Holdings, LLC, which was not a party to the proceedings. The court granted the motion, and the notice of lis pendens was filed. Petitioner seeks a writ of certiorari to review that order and filing of the notice. Based upon the controlling authority of Marbin v. Cohen, 789 So.2d 1193 (Fla. 4th DCA 2001), we grant the petition. Without the titleholder of the subject property being made a party to the proceedings, the [937]*937lis pendens is “entirely without legal basis.” We quash the order. The lis pen-dens is discharged.

WARNER, DAMOORGIAN and LEVINE, JJ., concur.

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PER CURIAM.

Petitioner and respondent were involved in a bitter divorce. After the petitioner failed to pay sums due by the final judgment, the respondent moved for an order to permit her to file a notice of lis pendens against the former husband’s office condominium, which was owned by a separate corporation, Glanz Real Estate Holdings, LLC, which was not a party to the proceedings. The court granted the motion, and the notice of lis pendens was filed. Petitioner seeks a writ of certiorari to review that order and filing of the notice. Based upon the controlling authority of Marbin v. Cohen, 789 So.2d 1193 (Fla. 4th DCA 2001), we grant the petition. Without the titleholder of the subject property being made a party to the proceedings, the [937]*937lis pendens is “entirely without legal basis.” We quash the order. The lis pen-dens is discharged.

WARNER, DAMOORGIAN and LEVINE, JJ., concur.

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Bluebook (online)

63 So. 3d 936, 2011 Fla. App. LEXIS 10195, 2011 WL 2555424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glanz-v-glanz-fladistctapp-2011.

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