Alan Lebou Carner v. Sara J. Singer and The Law Offices of Sara J. Singer, P.A.
The Fourth DCA reversed dismissal of a civil tort action arising from an allegedly wrongful lis pendens. The court held that a family-law support enforcement proceeding seeking only money arrearages lacks the required 'fair nexus' to real property and cannot support a lis pendens, and that section 61.11 did not authorize the filing. It further held the litigation privilege does not bar tort claims premised on the wrongful act of recording an improper lis pendens.
Key facts
- In a post-dissolution support enforcement proceeding, Former Wife's attorneys recorded a notice of lis pendens against Former Husband's $2.497M residence based on the pending alimony/child-support arrearage motion.
- Four days earlier, Former Husband had listed the home for sale to satisfy a mortgage foreclosure; the home ultimately sold for $1,650,000, roughly $847,000 below the pre-lis-pendens listing price.
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Holdings
- A lis pendens requires a 'fair nexus' between the property and the dispute; property that might merely one day be subject to foreclosure to satisfy a future money judgment is not 'involved'…
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Why it matters
This opinion is a practitioner roadmap on the limits of lis pendens and the litigation privilege. It confirms that recording a lis pendens in a money-only proceeding, including a family-law arrearage enforcement action… — full analysis with a trial
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