Thứ Tư, 24 tháng 10, 2012

3d DCA Watch -- Judge Salter Knows a Proper Lis Pendens When He Sees It!


Hi kids, the Robed Ones are busy getting the bunker ready for Judge Logue's investiture on Friday (making sure the bathroom sinks are tightly bolted to the walls, polishing the concrete furniture, that sort of thing), so the opinions are a bit sparse today.

Let's take a look:

Blue Star Palms v. LED Trust:

Here Judge Salter has to determine whether there is sufficient nexus between the plaintiff's claims against the defendants and condo units owned by them in order to uphold an order refusing to dissolve a lis pendens.

The first clue -- be careful in your captions:
While captions are not controlling, they occasionally provide a strong hint—here, for example, a hint that the action seeks money, not the imposition of a lien or injunction relating to specifically-identified condominium units.
The second clue:  it just doesn't feel like enough of a nexus:
Whatever a nexus with specific Florida real estate may be, this is not it.
This feels to me a little like Justice Potter Stewart -- "I know a nexus when I see it!"

Back to the drawing board, Moshe!

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