DALE OAKLEY, ROBERT L. CORCORAN, LEONARD CORCORAN AND VIVIAN CORCORAN, APPELLANTS,
v.
E. L. BALL, HERBERT RINGE AND NEWPORT JENSEN DEVELOPMENT, INC., APPELLEES

Fla. 4th DCA | 1977-07-26
No. 76-2705
MAGER, C. J., and DOWNEY and DAUKSCH, JJ., concur., ALDERMAN, C. J., and DOWNEY and DAUKSCH, JJ., concur.
356 So. 2d 6 Florida District Court of Appeal, Fourth District (1977)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Our review of the briefs and appendix leads us to the conclusion that appellants have failed to demonstrate an abuse of discretion by the trial court. Accordingly, the order appealed from is

AFFIRMED.

MAGER, C. J., and DOWNEY and DAUKSCH, JJ., concur.

Other

On petition for rehearing appellants take an entirely new tack and suggest reversal of the order appealed from because although a hearing was held below on appel-lees’ motion to discharge the lis pendens no evidence was adduced. This is an entirely new contention not raised in appellants brief. This is the first notice to this court that appellants assert they were aggrieved by some procedural deficiency in the trial court and it comes too late. Fla.App. Rule 3.14(b); In re Certificate of N.Y. to Compel Atten. of Wit., 297 So. 2d 865 (Fla.4th DCA 1974). Accordingly, appellants petition for rehearing is DENIED.

ALDERMAN, C. J., and DOWNEY and DAUKSCH, JJ., concur.


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