Posted by Nydia Streets of Streets Law in Florida Divorce

What is a lis pendens in a Florida divorce? This is a document filed that gives notice to the public that ownership or other issues are being litigated regarding a property. So if a spouse files a lis pendens in the public records, this is to put any prospective buyers of the property on notice that ownership to the property is disputed. The lis pendens is usually removed once a final judgment of divorce is entered settling the parties’ property rights. A lis pendens was at issue in the case Ivey v. Ivey, 6D23-694 (Fla. 6th DCA April 28, 2023).

The wife in what appears to be a divorce case filed a petition for writ of certiorari requesting that the appellate court quash the trial court’s order requiring her to post a bond to maintain her notice of lis pendens. The appellate court noted the required showing for obtaining a writ of certiorari as “‘(1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.’ Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004) (quoting Bd. of Regents v. Snyder, 826 So. 2d 382, 387 (Fla. 2d DCA 2002)). ‘The last two elements are jurisdictional and must be analyzed before the court may even consider the first element.’ Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011).”

The court concluded “The petition in this case does not establish any material injury for the remainder of the case or demonstrate how any such injury cannot be corrected on postjudgment appeal. This is fatal to jurisdiction. Without a showing of these two elements, the Court does not have jurisdiction, and the petition is dismissed.” Schedule your consultation with a Miami divorce lawyer to understand how the law may apply to your case.