CIMBLER V. WES BRENT

State: Florida

Court: Florida Third District Court

Docket No: 07-0858

Case Date: 08/01/2007

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2007
Opinion filed August 1, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-858 Lower Tribunal No. 06-4366 ________________

Saul Cimbler,
Appellant, vs.

Wes Brent, etc., et al.,
Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Saul Cimbler, in proper person. Heller and Chames and Jonathan Heller, for appellee.

Before RAMIREZ, WELLS, and SHEPHERD, JJ. PER CURIAM.

Appellant, Saul Cimbler, seeks review of a non-final order granting a motion to discharge a lis pendens. The primary purpose of appellant's lawsuit is to recover money damages and the action does not directly affect the title to or the right of possession of real property. We have held that in the absence of a duly

recorded instrument where there is no "direct claim cognizable under the law against or upon the . . . property burdened by the lis pendens . . . , no lis pendens may be asserted under any conditions against the realty . . . ." Sunrise Point v. Foss, 373 So. 2d 438, 439 (Fla. 3d DCA 1979). See also Ness Racquet Club, LLC v. Renzi Holdings, Inc., 32 Fla. L. Weekly D1328 (Fla. 3d DCA 2007). Because of our decision, we do not reach the other grounds raised on appeal. Affirmed.

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