Summary judgment in favor of Eton means that CMKX lost; Eton won.
Filing another lis pendens will only be effective if the property is still in Eton's name. If, in the meantime, the property has been transferred without notice of the 2nd lis pendens, the 2nd one will also be ineffective.
But, from the reason given by the judge (too late), I can't see how the 2nd lis pendens will do anything. It's even later than the 1st one.
Filing a lis pendens in objective bad faith (knowing you were too late earlier; not I'm just dumb and didn't know any better) could provoke a judge into awarding damages for slander of title.
All this is without looking at anything actually entered in the suit. The content of the actual documents and orders matter.
And, yes, I know that my post was removed on the BMCS board. I wrote a short, private mail to Matt about it and BMCS. It's his board that is being used for this obvious pump. I really don't care; but Matt should. ... eom
