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Montalvo v. Attorneys' Title Insurance Fund

Citations: 967 So. 2d 369; 2007 Fla. App. LEXIS 16313Docket: No. 3D07-944

Court: District Court of Appeal of Florida; October 17, 2007; Florida; State Appellate Court

Narrative Opinion Summary

The appellant's request for review of the order that denied her motion to dissolve an injunction and/or lis pendens has been considered. The court found that the record does not support a conclusion of abuse of discretion regarding the order. Relevant case law, including Georgia Banking Co. v. GMC Lending Mortgage Servs. Corp., Vargas v. Vargas, Castillo v. Vlaminck de Castillo, and Chiusolo v. Kennedy, underpins this determination. Consequently, the court affirms the lower court's order.

Legal Issues Addressed

Affirmation of Lower Court's Order

Application: The appellate court affirmed the decision of the lower court based on established case law and the findings regarding discretion.

Reasoning: Consequently, the court affirms the lower court's order.

Review of Order Denying Motion to Dissolve Injunction

Application: The court reviewed the appellant's request for the dissolution of an injunction, assessing whether there was an abuse of discretion in the lower court's decision.

Reasoning: The appellant's request for review of the order that denied her motion to dissolve an injunction and/or lis pendens has been considered.

Standard of Review for Abuse of Discretion

Application: The court applied the abuse of discretion standard to evaluate the lower court's order, concluding that the record did not support a finding of abuse.

Reasoning: The court found that the record does not support a conclusion of abuse of discretion regarding the order.