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Petroleum Realty II LLC v. Boca Petroco Inc.

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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Following this court’s grant of an application for interlocutory review, Petroleum Realty II, LLC and Petroleum Realty V, LLC collectively, “PR” appeal from the trial court’s denial of a petition to involuntarily cancel lis pendens. As the outcome of this appeal is controlled by our recent opinion in Boca Petroco, Inc. v. Petroleum Realty II, LLC , __Ga. App.__ Case No. A08A0130; decided June 6, 2008, we reverse. In Boca Petroco , we held that the trial court properly canceled the notice of lis pendens because the Florida court lacked subject matter jurisdiction over property in Georgia, and therefore one of the requirements for a valid lis pendens was not met. Id. at slip op. 7-12 2. Based on this court’s decision in Boca Petroco , we hold that the trial court erred here in denying PR’s petition to cancel the notice of lis pendens. PR’s remaining enumerations, as well as all pending motions, are moot.

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