The applicants, Ahmed Abou-Gabal and Velika Realty Inc., brought a motion seeking certificates of pending litigation (CPLs) against properties owned by Jovalyn and Derian Tuitt.
The applicants' counterclaim referenced alleged mortgages and defaults but did not explicitly claim an interest in land or seek remedies like foreclosure or sale.
The court found that the counterclaim, as pleaded, did not establish an interest in land in question, which is a prerequisite for issuing a CPL.
Furthermore, the court noted that even if an interest in land had been established, the properties were not unique, and damages would likely be an adequate remedy, which would also weigh against granting a CPL.
The motion for CPLs was dismissed.