CPPB, LLC v. Taurus Apopka City Center, LLC
CPPB sought certiorari review of an order denying its motion to dissolve a notice of lis pendens filed by Taurus in connection with a rescission counterclaim. The Sixth District dismissed the petition for lack of jurisdiction, expressly declining to follow the Second, Third, Fourth, and Fifth Districts' per se rule that orders denying motions to dissolve a lis pendens are reviewable by certiorari, and instead requiring the petitioner to plead and demonstrate irreparable harm that cannot be remedied on direct appeal.
Key facts
- CPPB, LLC sought certiorari review of a trial court order denying its motion to dissolve a notice of lis pendens that Taurus Apopka City Center, LLC had filed in connection with a rescission counterclaim.
- The Sixth District Court of Appeal dismissed the certiorari petition for lack of jurisdiction, holding that irreparable harm must be independently pleaded and demonstrated rather than presumed from denial of a lis pendens dissolution motion.
- +1 more key fact with a free trial
Why it matters
This opinion creates an express inter-district conflict on whether certiorari review of orders refusing to dissolve a lis pendens is automatically available. Practitioners in the Sixth District can no longer rely on the… — full analysis with a trial
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