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Date: 07-15-2022
Case Style:
NERJA I. JAKUBOW, vs RAFAEL JAKUBOW, et al.
Case Number: No. 3D21-1316 Lower Tribunal No. 20-25612
Judge:
Before EMAS, LOBREE and BOKOR PER CURIAM
Court:
Third District Court of Appeal State of Florida
On Appeal From The Circuit Court for Miami-Dade County
Valerie R. Manno Schurr
Judge
Plaintiff's Attorney:
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Defendant's Attorney:
Barry S. Franklin & Associates, P.A., and Barry S. Franklin,
Description:
Miami, Florida - Real Estate lawyer represented Petitioner with appealing an order to post a cash bond in a pending action for property.
Nerja I. Jakubow, plaintiff below, appeals from an order requiring him
to post a cash bond in the amount of $425,000 by a date certain, failing which
the lis pendens on the underlying property would be discharged. Appellant
claims he was entitled to a lis pendens without having to post a bond
because the underlying action was based on a duly recorded instrument. We
treat this appeal as a petition for writ of certiorari, see Bankers Lending
Servs., Inc. v. Regents Park Ins., LLC, 225 So. 3d 884, 885 (Fla. 3d DCA
2017) (“Although we have also reviewed orders granting or discharging a lis
pendens, and orders relating to lis pendens bonds, as appealable non-final
orders under Florida Rule of Appellate Procedure 9.130(a)(3)(B), we have
more recently agreed with the other Florida district courts of appeal ‘that
certiorari is the appropriate procedure for the review of such an order’ 100
Lincoln Rd SB, LLC v. Daxan 26 (FL), LLC, 180 So. 3d 134, 136 (Fla. 3d
DCA 2015)”), find no merit in appellant’s argument, and deny the petition.
See § 48.23(3), Fla. Stat. (2021) (“When the pending pleading does not show
that the action is founded on a duly recorded instrument or on a lien claimed
under part 1 of chapter 713 or when the action no longer affects the subject
property, the court shall control and discharge the recorded notice of lis
pendens as the court would grant and dissolve injunctions.”); Petkovich v.
Sandy Point Condo. Apartments Ass'n, Inc., 325 So. 3d 201, 203 (Fla. 3d
3
DCA 2021) (citing Am. Legion Cmty. Club v. Diamond, 561 So. 2d 268 (Fla.
1990))
Outcome: Petition denied
Plaintiff's Experts:
Defendant's Experts:
Comments: