Usilia Emilione and William McKendree v. Karen Miltner; Runion Holdings, LLC; SkyeTec Engineering Services, LLC; and Roger Runion
The Second District reversed an attorney's fee and cost award to a nonparty who had moved to discharge a lis pendens, holding the fee motion was untimely under Florida Rule of Civil Procedure 1.525. An order discharging a lis pendens against a nonparty's property is a final order as to that nonparty, triggering the rule's 30-day deadline, and the order's mere reservation of jurisdiction did not satisfy the AmerUs entitlement exception.
Key facts
- Plaintiffs sued Roger Runion and his companies over a dispute about an agreement to build a house, then filed two notices of lis pendens, one against a property jointly owned by nonparty Karen Miltner.
- Miltner specially appeared and moved to discharge the lis pendens; on April 11, 2024, the trial court mooted the discharge motion (plaintiffs agreed to discharge) but expressly 'reserved ruling' on attorney's fees and costs.
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Holdings
- An order discharging a notice of lis pendens against a nonparty's property is a final order as to that nonparty because no further judicial labor is anticipated as to the nonparty or the…
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Why it matters
This opinion reinforces the bright-line 30-day deadline of rule 1.525 and clarifies a trap for civil litigants: an order discharging a lis pendens against a nonparty is treated as final as to that nonparty for… — full analysis with a trial
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