Opinion
No. 76-2705.
July 26, 1977. Rehearing Denied September 13, 1977.
Interlocutory appeal from Circuit Court, Martin County; Dwight Geiger, Judge.
Jeffrey G. Wood, of Icard, Merrill, Cullis, Timm Furen, Sarasota, for appellants.
Walter M. Meginniss of Crary, Buchanan Meginniss, Chartered, Stuart, for appellees.
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.
ON PETITION FOR REHEARING
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 appellees' 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.