MacHado v. Foreign Trade, Inc.
Opinion
Aida MACHADO, Claudia Machado, Javier Machado and Jesus Machado, Appellants,
v.
FOREIGN TRADE, INC. and Alex Litman, Appellees.
District Court of Appeal of Florida, Third District.
Markowitz, Davis & Ringel and Candis Trusty, Miami, for appellants.
Caron Balkany, Kluger, Peretz & Kaplan, and Andrew P. Gold, Miami, for appellees.
Before BARKDULL and DANIEL S. PEARSON, JJ., and ORFINGER, MELVIN, Associate Judge.
PER CURIAM.
Subsequent to receiving a money judgment, the plaintiff filed in the original action an impleader complaint against certain of the judgment debtor's relatives alleging a fraudulent transfer of assets (which were not described) and seeking money damages. Thereafter, the plaintiff filed a Lis Pendens listing certain specific properties, both real and personal. The impleaded defendants moved to discharge the Lis Pendens. The trial court denied same and a petition for certiorari was filed in this court, which we treat as a non-final appeal. See Munilla v. Espinosa, 533 So.2d 895 (Fla. 3d DCA 1988), Case No. 88-1139, opinion filed November 8, 1988.
The impleader complaint not describing or seeking any relief against specific properties,[1] it was error to deny the motion to *608 discharge. We therefore reverse the order under review with directions to grant same.
NOTES
[1] The plaintiff's original claim not arising out of a document entitled to be recorded, even if the impleader complaint did describe particular property, it would have been appropriate, upon motion, to require a bond, the same as required in the issuance of a temporary injunction. Ross v. Breder, 528 So.2d 64 (Fla. 3d DCA 1988); Feinstein v. Dolene, Inc., 455 So.2d 1126 (Fla. 4th DCA 1984); Mohican Valley, Inc. v. MacDonald, 443 So.2d 479 (Fla. 5th DCA 1984).
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537 So. 2d 607 (MacHado v. Foreign Trade, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.