Liudmila Golubtsova v. Vladimir Budaev and Budaevs Holdings, LLC

Summary

The Florida Third District Court of Appeal affirmed an order dissolving a notice of lis pendens filed in a former-spouses’ dispute over rental income from real property. The court held that the complaint sought money damages for past rents and did not establish a fair nexus between the litigation and title to or possession of the property. A claim labeled for an equitable lien or constructive trust was insufficient because the substance of the action did not affect the property’s title.

Holdings

1. A notice of lis pendens is improper when the lawsuit's relief does not affect title to, ownership of, or the right of possession of the subject real property. A claim labeled as an equitable lien or constructive trust does not establish the required nexus when the substance of the complaint seeks only money damages for past rents.
2. The circuit court did not abuse its discretion in dissolving the notice of lis pendens because the underlying action sought only money damages and did not affect the property's title or possession.

Questions Presented

1. Whether a notice of lis pendens may be maintained when the complaint seeks recovery of rental proceeds as money damages and does not seek relief affecting title to or possession of the subject real property.
2. Whether the circuit court abused its discretion by dissolving the notice of lis pendens.

Disposition

affirmed