In short: The buyer lost. In Koch Investments v. Cruz Bay (2024), a third-party purchaser argued a lis pendens recorded in a circuit foreclosure stripped the Pinellas County court of jurisdiction, making its judgment void. The Second District affirmed the denial of the motion to vacate per curiam, without opinion, and denied a written opinion.
The Facts
This appeal came from Pinellas County court (case 2023CC-000383) and involved property held by HTN Trust Inc. as trustee of a Watermill Circle land trust. The appellant, Koch Investments Florida, LLC, was a third-party purchaser. Because the court affirmed without an opinion, the facts below are what the parties argued, as described in the oral argument video.
According to that description, Koch moved under Florida Rule of Civil Procedure 1.540(b)(4) to set aside the county court judgment as void. It argued the county court lacked jurisdiction because a lis pendens had already been recorded in a circuit court mortgage foreclosure brought by Bank of New York, and that section 48.23(1)(d) made the recorded lis pendens control the property. The county court denied the motion, and Koch took a non-final appeal.
A companion appeal from a similar sale (2D23-1905, Sallaya) raised related lis pendens and county court jurisdiction issues.
The Decision
On February 16, 2024, after a remote oral argument, the Second District affirmed per curiam without a written opinion. Koch asked for rehearing or a written opinion; the court denied that request on March 13, 2024, and the mandate issued April 1, 2024.
A PCA leaves the trial court’s ruling in place but gives no reasons and sets no precedent. It also generally cannot be reviewed by the Florida Supreme Court. All we can say is that the appeals court left the denial of the motion to vacate in place. We do not know which of the appellees’ arguments it accepted.
The Law
Under section 48.23(1)(d), a recorded lis pendens bars enforcement of interests and liens that were unrecorded when the notice was recorded, unless the holder moves to intervene within 30 days. If the case goes to judicial sale, the property is discharged from those unrecorded interests. The statute protects the pending case and later purchasers. It does not say that a second court loses jurisdiction over a separate case involving the same property.
County courts hear actions at law up to $50,000 for cases filed since 2023, and equity matters within that amount (section 34.01). Circuit courts have exclusive jurisdiction over actions involving the title and boundaries of real property (section 26.012(2)(g)). A Rule 1.540(b)(4) motion attacks a judgment as void, and a judgment is void only when the court lacked subject-matter jurisdiction or due process was denied. That is a high bar.
Current law (2026): s. 48.23(1)(d) unchanged since ch. 2019-67. County court jurisdictional limit is $50,000 for cases filed on/after 1/1/2023 (s. 34.01(1)(c)).
Lessons
- Before bidding at any foreclosure sale, especially a county court lien foreclosure, run title for senior mortgages and pending lis pendens.
- A lis pendens in one case does not automatically void a judgment entered in another court.
- Rule 1.540(b)(4) motions to vacate a void judgment succeed only on true jurisdictional or due process defects.
- A PCA ends the appeal in most cases; a request for a written opinion is rarely granted.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Lis Pendens and Jurisdiction: Third-Party Purchaser Standing | Koch Investments v. Cruz Bay, 2D23-1762
Go Deeper
- Does a Recorded Memorandum of Sublease Protect a Lis Pendens? (JHMB v. Charles Bernard)
- Discharged Lis Pendens Doesn't Shield a Lender From a Fraud Claim (Weiss v. BI 27)
- Can a Buyer Lock Up Every Unit in a Condo With a Lis Pendens? (All Seasons v. Patrician Hotel)
Frequently Asked Questions
Does a lis pendens stop another court from entering a judgment on the same property in Florida?
Not by itself. Section 48.23(1)(d) makes a recorded lis pendens cut off unrecorded interests that do not intervene within 30 days, protecting the pending case and buyers. In Koch v. Cruz Bay, a buyer argued a circuit court lis pendens stripped the county court of jurisdiction; the Second District affirmed the denial of relief without opinion.
Can a foreclosure sale buyer vacate the judgment if the court lacked jurisdiction?
A party may move under Florida Rule of Civil Procedure 1.540(b)(4) to set aside a void judgment, and a judgment entered without subject-matter jurisdiction is void. But courts read void narrowly. The buyer’s jurisdictional challenge in Koch v. Cruz Bay did not succeed.
What does a PCA mean in a Florida appeal?
PCA means per curiam affirmed: the appellate court upheld the lower court without a written opinion. It sets no precedent and usually cannot be taken to the Florida Supreme Court. Koch’s motion for rehearing or a written opinion was denied.
Can a Florida county court foreclose a lien on real property?
County courts have jurisdiction over actions at law up to $50,000 (cases filed since 2023) and equity matters within that amount, while circuit courts have exclusive jurisdiction over actions involving title and boundaries of real property. Smaller lien foreclosures are often filed in county court, and buyers at those sales take subject to senior liens.
Talk to a Florida title and property dispute lawyer
Weidner Law, P.A. handles quiet title, deed, lien and title disputes from St. Petersburg, backed by more than 25 years of title work. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
