Chiusolo v. Kennedy

614 So. 2d 491 (1993)

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Chiusolo v. Kennedy

Florida Supreme Court
614 So. 2d 491 (1993)

  • Written by Liz Nakamura, JD

Facts

Louis Chiusolo (plaintiff) advanced funds to William Kennedy (defendant) to purchase a property for Kennedy’s corporation. In exchange, Chiusolo was to receive stock in the corporation; however, Chiusolo never received the promised stock. Chiusolo sued Kennedy to impose a resulting and constructive trust on the real property purchased by the corporation. In connection with the lawsuit, Chiusolo filed a lis pendens, meaning a notice of pending lawsuit, on the title to the real property purchased by the corporation. The trial court discharged Chiusolo’s lis pendens. Chiusolo appealed. The appellate court reversed the discharge, holding that Chiusolo’s lis pendens must be upheld because Chiusolo met his burden to show to that his pending lawsuit affected the corporation’s real property and that Chiusolo was likely to succeed on the merits of his claim. Kennedy appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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