Plaintiff filed suit against defendant, asserting a claim under the Uniform Fraudulent Transfer Act. Plaintiff then filed a lis pendens against one of defendant’s properties. The district court subsequently granted defendant’s motion to cancel the lis pendens, concluding the lis pendens was invalid under Missouri law.
Where a lis pendens was intended to arise from a judgment adjudicating an equitable right affecting real estate, plaintiff was not entitled to a lis pendens where its complaint requested only legal damages instead of specifically requesting equitable relief with respect to the property in question.
Judgment is affirmed.
Enterprise Financial Group, Inc. v. Podhorn (MLW No. 73574/Case No. 17-3767 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J. (Peter Michael Jung, of Dallas, TX., Jadd Fitzgerald Masso of Dallas, TX for appellant) (Andrew Rain Kasnetz, of Clayton, MO and Zachary S. Merkle of Saint Louis, MO for appellee)