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State Courts -
Florida - January 21, 2009
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McMillan/Miami, LLC v. Krystal Capital Managers, LLC, No. 3D07-3006,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 21, 2009, Opinion Filed
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Overview: Posting of bond was not a prerequisite to entitlement to attorney's fees award under ? 48.23, Fla. Stat., in action to dissolve a lis pendens. Buyer should have been allowed to show that seller wrongfully filed lis pendens notice and that buyer incurred foreseeable damages in attempting to dissolve lis pendens to be entitled to recover fees.
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