Recent Court Decisions

摘要

According to the Court of Appeal of Florida, the proper method of calculating damages for the wrongful filing of a lis pendens is the difference between fair market value at the time of filing of the lis pendens and fair market value at the time of termination, plus any consequential damages. In November 2001, FCD Development, Inc. (FCD) agreed to purchase property from South Florida Sports Committee, Inc. (SFSC) for $2.9 million. In May 2004, FCD sued SFSC seeking specific performance action. FCD also filed a lis pendens notice of a pending lawsuit and posted a $1 million bond. When SFSC failed to pay the mortgage, Samjaz Holdings, Inc. (Samjaz), the mortgagee, initiated foreclosure proceedings.