A Florida court recently ruled that a former wife improperly filed a lis pendens on her ex-husband's home as part of child support and alimony enforcement proceedings. This decision affects how divorce-related financial disputes can impact property ownership and highlights the importance of legal procedures in family law cases.
The case, Alan L. Carner v. Nicole J. Carner (Docket No. 4D2025-0467), arose from a divorce settlement agreement between Alan Carner (the former husband) and Nicole Carner (the former wife). After Alan failed to make required child support and alimony payments, Nicole sought to enforce the agreement by filing a motion for contempt and a lis pendens on Alan's home. This legal action, however, led to Alan filing a separate lawsuit against Nicole and her attorneys for damages, claiming the lis pendens was wrongful and had caused him financial harm.
In the court's ruling, it was determined that Nicole's filing of the lis pendens was improper. The court stated, "The lis pendens was improper. Thus, we hold the trial court erred in dismissing Former Husband’s second amended complaint." This ruling emphasizes the need for a direct connection between the property and the legal dispute in order to justify filing a lis pendens.
Background
Alan and Nicole Carner were married in 2008 and divorced in 2015 after entering into a mediated marital settlement agreement. Following the divorce, Alan failed to meet his financial obligations for child support and alimony, prompting Nicole to file a motion for contempt in December 2021.
As part of her enforcement actions, Nicole filed a lis pendens on Alan's home in August 2022, shortly after he had listed the property for sale. The lis pendens notified potential buyers of the pending legal action and aimed to protect Nicole's interests in the enforcement proceedings. However, Alan argued that the lis pendens was unjustified and detrimental to his ability to sell the property.
Alan's residence eventually sold for $1.65 million in January 2024, significantly less than the listing price of $2.497 million prior to the lis pendens being filed. In response, Alan filed a civil lawsuit against Nicole and her attorneys, claiming slander of title, abuse of process, malicious prosecution, and civil conspiracy. The trial court dismissed his complaint, leading to the appeal.
The Ruling
The District Court of Appeal of Florida ruled in favor of Alan Carner, reversing the trial court's dismissal of his complaint. The court found that the lis pendens filed by Nicole was not legally justified. The court stated, "The bottom line is the house was property that could, one day, become subject to foreclosure or other relief by means of Former Wife’s civil proceeding against Former Husband. A property not specifically the subject of an action, but that one day might be foreclosed on to satisfy a future judgment, is a textbook example of what not to subject to a lis pendens."
The judges involved in the ruling included Judge Lott, who authored the opinion, along with Judges Ciklin and Gerber, who concurred. The court emphasized that a lis pendens must have a clear connection to the property involved in the legal dispute, and in this case, the enforcement action did not directly affect the title or possession of Alan's home.
Impact
This ruling has significant implications for future family law cases in Florida. It clarifies the limitations on filing a lis pendens in divorce proceedings, particularly when the underlying action primarily seeks monetary damages rather than affecting property rights. The court's decision reinforces the principle that a lis pendens should only be filed when there is a legitimate connection between the property and the legal dispute.
The ruling also serves as a warning to individuals involved in family law disputes about the potential consequences of improperly filing a lis pendens. Those who file a wrongful lis pendens may face legal action for damages, as demonstrated by Alan's claims against Nicole and her attorneys.
What's Next
The case has been remanded for further proceedings consistent with the court's opinion. It remains to be seen whether Alan's civil lawsuit will proceed and what the outcome will be. Additionally, the ruling may prompt other litigants in similar situations to reconsider their approach to filing a lis pendens in family law cases.