Simpson v. Simpson

District Court of Appeal of Florida

Simpson v. Simpson

550 So. 2d 153, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5857, 1989 WL 122630

Procedural entryThis page is a short order in Simpson v. Simpson. Read the opinion of the Court — 13 Fla. L. Weekly 1160 →

District Court of Appeal of Florida·Decided October 19, 1989·No. No. 88-2339·Published

Opinion

DAUKSCH, Judge.

This matter was filed with this court as an appeal from a non-final order. We treat it as a petition for writ of certiorari and deny it. Petitioner seeks to have us reverse an order denying a limited lifting of a [154]*154stay order. He wants the stay order lifted only so the trial judge can order a lis pendens dissolved. The lis pendens apparently is ineffectual now because the statutory one-year period passed without any court-ordered extension. See § 48.23(2), Fla.Stat. (1989). Thus there is no need for the lifting of the stay. Should a cloud on the title now exist appellant can have it removed by separate proceedings.

PETITION DENIED.

COWART and GOSHORN, JJ., concur.

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DAUKSCH, Judge.

This matter was filed with this court as an appeal from a non-final order. We treat it as a petition for writ of certiorari and deny it. Petitioner seeks to have us reverse an order denying a limited lifting of a [154]*154stay order. He wants the stay order lifted only so the trial judge can order a lis pendens dissolved. The lis pendens apparently is ineffectual now because the statutory one-year period passed without any court-ordered extension. See § 48.23(2), Fla.Stat. (1989). Thus there is no need for the lifting of the stay. Should a cloud on the title now exist appellant can have it removed by separate proceedings.

PETITION DENIED.

COWART and GOSHORN, JJ., concur.

Simpson v. Simpson, 550 So. 2d 153, 14 Fla. L. Weekly 2465, 1989 Fla. App. LEXIS 5857, 1989 WL 122630 (Fla. Ct. App. 1989).

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