LB Judgment Holdings, LLC v. Boschetti
A judgment creditor filed notices of lis pendens against properties held by impleaded entities in proceedings supplementary alleging alter ego and fraudulent transfer. The Third District reversed the order discharging the lis pendens, holding the creditor made the required 'fair nexus' showing (a good-faith, viable claim, not proof on the merits), affirmed denial of the impleaded entities' motion to quash service/dismiss for lack of personal jurisdiction, and affirmed the eighteen lis pendens bonds — including an attorneys' fee bond limited to fees incurred in discharging the lis pendens, not fees for the entire litigation.
Key facts
- Judgment creditor LB Judgment Holdings filed notices of lis pendens against properties held by impleaded entities in proceedings supplementary based on alter ego ownership and fraudulent transfer allegations.
- The trial court discharged the lis pendens and denied the creditor's requested bond amounts, including rejecting an attorneys' fee component that covered fees for the entire underlying litigation.
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Why it matters
This is a useful roadmap for judgment-creditor collection practice: it confirms that lis pendens can be used in proceedings supplementary premised on alter ego and fraudulent-transfer theories, and that the 'fair nexus'… — full analysis with a trial
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