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
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PER CURIAM.
The state attorney appeals a nonfinal order which dissolved a notice of lis pen-dens 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.
We 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.
The 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 that the trial court’s order dissolving the notice of lis pendens was a departure from the essential requirements of law.
FRANK, A.C.J., and SANDERLIN and THREADGILL, JJ., concur.
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Ross v. Breder, 528 So. 2d 64 (Fla. 3d DCA 1988)…NESBITT, Judge. Petitioners seek review by petition for writ of certiorari of an order denying the dissolution of a notice of lis pendens. We have jurisdiction. James v. Wolfe, 512 So. 2d 954 (Fla. 2d DCA 1987); Nero v. Nero, 475 So. 2d 1361 (Fla. 5th DCA 1985); Sunrise Point, Inc. v. Foss, 373 So. 2d 438 (Fla. 3d DCA) cert. denied, 374 So. 2d 99 (Fla.1979). We grant the petition, quash the order, and remand for further proceedings. Res…
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Munilla v. Evelio S. Espinosa and Henry Betancourt, 533 So. 2d 895 (Fla. 3d DCA 1988)…Fla. 4th DCA 1984); Mohican Valley, Inc. v. MacDonald, 443 So. 2d 479 (Fla. 5th DCA 1984). REVERSED AND REMANDED WITH DIRECTIONS. . An order to dissolve a Lis Pendens or require a bond has been reviewed by common law cer-tiorari James v. Wolfe, 512 So. 2d 954 (Fla. 2d DCA 1987); First Southern Development Corporation v. Chandler and Associates, Inc., 472 So. 2d 878 (Fla. 1st DCA 1985); Finney v. Wonder Development Corporation, 392 So. 2d 583 (Fla. 5th DCA 1980); Cooper v. Moretti, 383 So. 2d 705 (Fla. 4t…
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Katarina Loidl v. I & E Grp., Inc., 927 So. 2d 1016 (Fla. 2d DCA 2006)…motion to amend. II. CERTIORARI REVIEW There is some debate regarding the method by which an appellate court reviews an order discharging a lis pendens.1 This court has held that certiorari is the only proper method of review. See James v. Wolfe, 512 So. 2d 954 (Fla. 2d DCA 1987); see also Stinnett v. Dodson, 575 So. 2d 1350 (Fla. 2d DCA 1991). The First, Fourth, and Fifth District Courts of Appeal have come to the same conclusion. See Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982); Eurohome DI Soleil…
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- Hallmark Builders, Inc. v. Hickory Lakes OF Brandon, Inc., 458 So. 2d 45 (Fla. 2d DCA 1984)
- BAY Place Dev. Corp. v. Ellis First Nat'l Bank OF W. Pasco, N.A., 465 So. 2d 628 (Fla. 2d DCA 1985)