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Penabad v. A.G. Gladstone Assoc

District Court of Appeal of Florida, Third District
Jun 12, 2002
823 So. 2d 146 (Fla. Dist. Ct. App. 2002)

Summary

holding the appellant lacked standing because at the time of her motion to dissolve lis pendens, the appellant previously quitclaimed her interests in the property to a third party and thus had no ownership rights

Summary of this case from FCD v. South Fla. Sports Committee

Opinion

Case Nos. 3D02-760 3D02-741

Opinion filed June 12, 2002. Reconsideration Denied August 21, 2002.

An appeal from a non-final order from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge. Lower Tribunal No. 99-5100.

Arnaldo Velez, for appellants.

William L. Petros, for appellee.

Before LEVY, GERSTEN, and GREEN, JJ.


This is a petition for certiorari and an appeal from an order denying Alicia Penabad's motion to dissolve a lis pendens, which have been consolidated for purposes of this appeal. We dismiss this appeal for lack of standing. At the time of the underlying motion, Alicia Penabad had no ownership interest in the subject property because she had executed a quit claim deed transferring her interests to a third party. See Stas v. Posada, 760 So.2d 954, 955 (Fla. 3d DCA 1999) (appellant with no ownership interest in property was not affected by order and thus precluded from seeking appellate review). Furthermore, Novel Penabad was not a party to the underlying motion to dissolve a lis pendens and, therefore, also has no standing here. See Credit Indus. Co. v. Remark Chem. Co., 67 So.2d 540, 541 (Fla. 1953 (general rule on appeal is that party may appeal only from decision adverse to him).

Appeal dismissed.


Summaries of

Penabad v. A.G. Gladstone Assoc

District Court of Appeal of Florida, Third District
Jun 12, 2002
823 So. 2d 146 (Fla. Dist. Ct. App. 2002)

holding the appellant lacked standing because at the time of her motion to dissolve lis pendens, the appellant previously quitclaimed her interests in the property to a third party and thus had no ownership rights

Summary of this case from FCD v. South Fla. Sports Committee

dismissing appeal for lack of standing where the appellant had no ownership interest because she executed a quitclaim deed transferring her interests to a third party

Summary of this case from U.S. Bancorp v. Taharra Assets 5545, Inc.

dismissing appeal for lack of standing because individual filing appeal “was not a party to the underlying motion to dissolve lis pendens”

Summary of this case from Portfolio Investments Corp. v. Deutsche Bank Nat'l Trust Co.
Case details for

Penabad v. A.G. Gladstone Assoc

Case Details

Full title:ALICIA PENABAD and NOVEL PENABAD, Appellants, v. A.G. GLADSTONE…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 12, 2002

Citations

823 So. 2d 146 (Fla. Dist. Ct. App. 2002)

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