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Boca Petroco Inc. v. Petroleum Realty II LLC

A court in one state does not have subject matter jurisdiction over real property in another state and cannot affect the title of property in another state.

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These related appeals are two of several cases presently before this Court that arise from litigation pending in Florida between appellants, Boca Petroco, Inc., Trico V Petroleum, Inc. and Trico VII Petroleum, Inc., and appellees Petroleum Realty II, LLC and Petroleum Realty V, LLC. Appellants filed notices of lis pendens against properties located throughout the State of Georgia based on the Florida litigation. Appellees petitioned the Superior Court of Fulton County for cancellation and removal of the notices which had been filed on eight separate Fulton County properties. At issue in Case No. A08A0255 is the trial court’s order granting appellees’ petition to cancel the lis pendens. The trial court concluded that the notices of lis pendens were invalid because appellees did not have enforceable interests in the properties at issue, and also because the Florida court lacked subject matter jurisdiction over the Georgia properties. Case No. A08A0559 involves the trial court’s subsequent grant of appellees’ motion for supersedeas bond. For the reasons that follow, we affirm the judgment in Case No. A08A0255 and dismiss as moot the appeal in Case No. A08A0559.

A08A0255

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