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Seinfeld v. Commercial Bank Trust

District Court of Appeal of Florida, Third District
Mar 14, 1984
445 So. 2d 1055 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1172.

February 7, 1984. Rehearing Denied March 14, 1984.

Appeal from the Circuit Court for Dade County, Leonard Rivkind, J.

Guren, Merritt, Udell, Sogg Sohen and Howard J. Berlin, Miami, Michael Gable, Fort Lauderdale, for appellants.

Blank, Rome, Comisky McCauley and Elizabeth M. Bohn-Garbett, West Palm Beach, for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


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.


Summaries of

Seinfeld v. Commercial Bank Trust

District Court of Appeal of Florida, Third District
Mar 14, 1984
445 So. 2d 1055 (Fla. Dist. Ct. App. 1984)
Case details for

Seinfeld v. Commercial Bank Trust

Case Details

Full title:EDWARD SEINFELD, EVA SEINFELD, INDIVIDUALLY AND AS TRUSTEE OF BARRY…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 14, 1984

Citations

445 So. 2d 1055 (Fla. Dist. Ct. App. 1984)

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