Opinion
No. 4D05-1159.
August 31, 2005.
Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Ben L. Bryan, Jr., Judge; L.T. Case No. 02-CA 63 MF.
Shelly J. Stirrat of Fox, Wackeen, Dungey, Beard, Sobel McCluskey, L.L.P., Stuart, for petitioner.
Mark A. Broderick of McCarthy, Summers, Bobko, Wood, Sawyer Perry, P.A., Stuart, for respondent John L. Boyce.
This is a petition for certiorari filed by Roberta Lawrence challenging an order which denied her motion for summary judgment in a lawsuit in which she is a cross-defendant, in which a judgment lien is being sought against her real property. The respondent argues that certiorari does not lie in this case because the order appealed merely denied summary judgment and is distinguishable from the cases cited by the petitioner involving a lis pendens. We agree with respondent and dismiss the petition for certiorari.
STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.