In short: In 2013 the Third District affirmed, without a written opinion, a Miami-Dade order refusing to discharge a lis pendens a hotel buyer had recorded on every unit of the All Seasons condominium. Years later, after trial, the same court reversed the buyer’s specific performance judgment, holding the bulk-sale contract had expired.
The Facts
A hotel developer contracted with the All Seasons condominium association in Miami Beach to buy the entire building. The deal depended on every unit owner agreeing; owners consented by signing supplemental contracts. When the consent deadline passed without 100% sign-on, the parties disputed whether extensions were valid, and the association sent a termination letter in December 2011.
The buyer, Patrician Hotel, sued for specific performance in January 2012 and recorded a notice of lis pendens against all the units. The association and owners asked the trial court to discharge it. According to the oral argument, they argued the buyer had no viable specific performance claim: owners signed only supplemental agreements with the association, extensions were never signed by owners, and the statute of frauds barred enforcement. The buyer argued it had a good-faith claim, which is all that is needed to keep a lis pendens in place. The trial court refused to discharge the notice, and the association appealed that non-final order.
Because the Third District affirmed without an opinion, the facts above come from the parties’ arguments as described in the recorded argument, not from a written ruling.
The Decision
On September 11, 2013, the Third District affirmed in a one-word per curiam decision. A PCA sets no precedent and gives no reasons. All we can say is that the trial court’s refusal to discharge the lis pendens at that early stage stood.
The story did not end there. After a 2016 bench trial, the trial court awarded the buyer specific performance. In All Seasons Condominium Ass’n v. Patrician Hotel, LLC, 274 So. 3d 438 (Fla. 3d DCA 2019), the Third District reversed. It held the 100% consent condition was never met, the board and an individual director had no authority to extend the deadline, email exchanges and a later addendum could not modify the contracts given their no-oral-modification terms and the statute of frauds, and the contracts terminated automatically when the original deadline passed. So the lis pendens survived early, but the claim behind it ultimately failed.
The Law
Lis pendens is governed by section 48.23. When a lawsuit is not founded on a duly recorded instrument, such as a specific performance suit on an unrecorded contract, the court controls the notice and may discharge it using the same standards that apply to dissolving an injunction. The notice also expires one year after the action begins unless extended for good cause. Courts often ask whether the claimant has a good-faith, viable claim with a fair nexus to the property, and may require a bond.
A contract for the sale of land must be in writing and signed by the party to be charged under section 725.01. Termination of a condominium and bulk sales are also controlled by the declaration and by Chapter 718, including section 718.117, which has been amended several times since this case.
Current law (2026): Section 48.23 text checked on flsenate.gov (2026): (2) one-year expiration unless based on recorded instrument or ch. 713 lien; (3) court control/discharge under injunction standards. Condo termination statute s. 718.117 has been amended repeatedly since 2013; post avoids describing its current details.
Lessons
- Keeping a lis pendens alive early in a case is a lower bar than winning the case. A notice that survives a motion to discharge can still rest on a losing claim.
- If you oppose a lis pendens on an unrecorded contract, press for a bond. It is the main protection against years of clouded title.
- Bulk condo purchases depend on strict compliance with consent conditions and deadlines. Informal extensions by emails or board votes are risky.
- A PCA tells you who won the appeal, not why. Do not cite it as authority.
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. (The channel has this argument posted twice; the other upload is here.)
Hotel Developer Clouds Every Condo Title With Lis Pendens | All Seasons v. Patrician, 3D12-1046
Go Deeper
- Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
How do I get a lis pendens removed in Florida?
If the lawsuit is not based on a recorded instrument, you can move to discharge the notice under section 48.23(3). The court applies injunction-dissolution standards and looks at whether the claim is viable and tied to the property. It may also require the claimant to post a bond. The notice expires after one year unless extended.
Can a buyer record a lis pendens for specific performance of a real estate contract?
Yes. A buyer suing for specific performance may record a notice of lis pendens. Because the contract is usually unrecorded, the court controls the notice and can discharge it or require a bond to protect the owner from damages if the claim fails.
What is a PCA in a Florida appeal?
A per curiam affirmance, or PCA, is an affirmance without a written opinion. It means the lower court ruling stands, but it states no reasons and generally cannot be cited as precedent. In most cases it also cannot be reviewed by the Florida Supreme Court.
What happens if not every owner agrees to sell a Florida condo building?
If the contract requires 100% owner consent and that condition is not met by the deadline, the contract can terminate on its own terms. In the later All Seasons appeal, the Third District held the deal ended automatically when the consent deadline passed without valid written extensions.
Talk to a Florida condominium and real estate lawyer
Weidner Law, P.A. handles Florida condominium and real estate disputes from St. Petersburg. 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.
