Atkinson v. Fundaro

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing such claim where lis pendens was wrongfully filed against plaintiff’s property
• “filing of the lis pendens was not privileged since it was neither a proper notice of lis pendens nor did it involve the property in litigation.”
• “Slander of title is the wrongful, intentional and malicious disparagement of vendibility of title to real property”, citing Old Plantation Corp.
• plaintiffs presented evidence showing that they encountered difficulties in obtaining favorable institutional financing due to the filing of a lis pendens
• no privilege accorded to a lis pendens placed on property that was not at issue in litigation
• attorney's fees can be recovered in a slander of title action even if there are no damages, but the moving party must prove there was a slander of title

Source: CourtListener parenthetical corpus (CC0).