We recently achieved an important litigation victory after successfully defeating a motion seeking to dissolve a notice of lis pendens in a Broward County property dispute.
The ruling allows the lis pendens to remain in place while the underlying litigation proceeds, protecting the property from being transferred or otherwise affecting the parties’ rights before the court has an opportunity to fully resolve the case.
Why a Lis Pendens Matters
A notice of lis pendens is a legal filing that alerts the public that a lawsuit may affect ownership or other rights relating to a specific piece of real property. While it does not determine who ultimately prevails, it serves an important purpose by notifying prospective purchasers and lenders that the property is the subject of pending litigation.
In many cases, maintaining a lis pendens is essential because it helps ensure that the property remains available should the court ultimately determine that one party has a valid legal or equitable interest in it.
The Motion Before the Court
In this case, the defendants asked the court to dissolve the notice of lis pendens or require the plaintiff to post a bond to keep it in place. They argued that the plaintiff’s claims did not justify maintaining the lis pendens and challenged the legal connection between the lawsuit and the property.
Attorney Eduardo A. Maura, representing the plaintiff, opposed the motion and argued that the lawsuit directly concerns rights related to the property, and that the lis pendens should remain in effect while those issues are litigated.
The court ultimately denied the motion to dissolve, allowing the notice of lis pendens to remain in place pending the outcome of the case.
Protecting Clients’ Interests in Real Estate Litigation
Real estate disputes frequently involve more than questions of ownership. They often concern equitable interests, financial contributions, contractual obligations, and other legal rights that require careful judicial review.
When those claims are genuinely tied to a specific property, preserving the status quo can be essential to ensuring that any eventual court judgment remains meaningful. A successful defense of a lis pendens can prevent a property from changing hands before the litigation is resolved, protecting a client’s position throughout the case.
Strategic Litigation That Produces Results
At Ayala Law, our litigation team understands that procedural victories can have a significant impact on the outcome of complex disputes. Successfully defending a notice of lis pendens is often an important step in protecting a client’s legal interests while the case proceeds through the court system. This result reflects our firm’s commitment to strategic advocacy, thorough legal analysis, and diligent representation in complex real estate and commercial litigation matters.
If you are involved in a dispute involving real property, equitable claims, or other complex civil litigation, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208.
You can also contact our team directly at: arianna@ayalalawpa.com
Schedule a case evaluation online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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