EDWARD SEINFELD, EVA SEINFELD, INDIVIDUALLY AND AS TRUSTEE OF BARRY SEINFELD, M.D., P.A., BARRY SEINFELD, INDIVIDUALLY, IRVING SHAPIRO, BARRY SEINFELD, M.D., P.A., AND BARRY SEINFELD, M.D., P.A., EMPLOYEES' PENSION TRUST, APPELLANTS,
v.
COMMERCIAL BANK & TRUST COMPANY, APPELLEE

Fla. 3d DCA | 1984-02-07
No. 83-1172
Before HENDRY, BASKIN and JOR-GENSON, JJ.
445 So. 2d 1055 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 2 cases
Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Treating appellants’ challenge to the trial court’s Order denying a motion to dissolve notice of lis pendens or to set bond as a petition for writ of certiorari, Florida Rule of Appellate Procedure 9.040(c), we deny the writ. We hold that the supplementary proceedings alleging fraudulent conveyance of property were predicated upon a recorded judgment and duly recorded deeds and that the failure to establish the necessity for bond under Section 48.23(3), Florida Statutes (1981), or that lis pendens was inappropriate, precludes relief.

Petition for certiorari denied.

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