Liudmila Golubtsova v. Vladimir Budaev and Budaevs Holdings, LLC
Former spouse filed suit seeking past rents allegedly diverted into a private account and recorded a notice of lis pendens on the rental property. The Third DCA affirmed dissolution of the lis pendens, holding that the complaint sought money damages rather than any interest in the realty itself and therefore lacked the fair nexus to property ownership required to sustain a lis pendens. The court emphasized that merely labeling a count as an equitable lien or constructive trust does not manufacture the required nexus when the substance of the relief sought is monetary.
Key facts
- Former spouses jointly purchased rental property in Bal Harbor, Florida during their marriage; the property was later transferred to Budaevs Holdings, LLC.
- Golubtsova alleged Budaev diverted rental income from the Bal Harbor property into a private account and filed suit for conversion, civil theft, unjust enrichment, and equitable lien or constructive trust.
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Holdings
- A lis pendens is not authorized when the primary purpose of the lawsuit is to recover money damages and the action does not directly affect title to or the right of possession of real…
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