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512 So. 2d 954

512 So.2d 954

12 Fla.L.Weekly 1417

Docket Nos. 86-3007, 86-3215.

James v. Wolfe

Bill JAMES, State Attorney of the Thirteenth Judicial Circuit of the State of Florida, Appellant, v. Tom WOLFE a/k/a Bob Adams and Lynne E. Wolfe, Appellees.

District Court of Appeal of Florida

Decided June 3, 1987.

Rehearing Denied June 29, 1987.

District Court of Appeal of Florida · decided 1987-06-03

Relies on 458 So. 2d 45 - HALLMARK BLDRS. v. Hickory Lakes of Brandon · 465 So. 2d 628 - Bay Place Development Corp. v. Ellis First National Bank of West Pasco, N.A.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-03

How this case has been cited

Cited by 6 later decisions — most recently April 2006

6 state decisions

30198719902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bill James, State Atty., and James M. Barton, II, Asst. State Atty., Tampa, for appellant.

¶2Wayne L. Thomas and William L. Grossenbacher of McKay & Thomas, P.A., Tampa, for appellees.

¶3PER CURIAM.

¶4The state attorney appeals a nonfinal order which dissolved a notice of lis pendens in a civil forfeiture action brought pursuant to Florida's RICO Act, chapter 895, Florida Statutes (1985), and returned the personal property to appellees, its owners.

¶5We find no merit in the state attorney's first point relating to the trial court's jurisdiction to enter the order dissolving the notice of lis pendens.

¶6The state attorney next contends that the trial court erred in dissolving the notice of lis pendens. The dissolution or continuance of a notice of lis pendens is only reviewable by writ of certiorari. Bay Place Development Corp. v. Ellis First National Bank of West Pasco, N.A., 465 So.2d 628 (Fla.2d DCA 1985); Hallmark Builders, Inc. v. Hickory Lanes of Brandon, Inc., 458 So.2d 45 (Fla. 2d DCA 1984). Therefore, we treat this appeal as a petition for writ of certiorari, and deny the petition. The state attorney has failed to demonstrate *955 that the trial court's order dissolving the notice of lis pendens was a departure from the essential requirements of law.

¶7FRANK, A.C.J., and SANDERLIN and THREADGILL, JJ., concur.

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