Opinion
Nos. 88-139, 88-140.
July 19, 1988.
An Appeal of a non-final order from the Circuit Court of Dade County; Jon I. Gordon, Judge.
Siegfried, Kipnis, Rivera, Lerner De La Torre and Peter H. Edwards, Coral Gables, for appellant.
Fowler, White, Burnett, Hurley, Banick Strickroot and Curtis Carlson, Miami, for appellees.
Before HUBBART and BASKIN and Daniel S. PEARSON, JJ.
The final order under review is affirmed without prejudice to the appellant to file a new writ of distress action under Sections 83.11, 83.12, 83.13, Florida Statutes (1985), as to the property removed by the appellees from the subject premises to the new offices of the appellees. The appellant clearly retains its lien rights as to the appellees' property in the latter's new offices by virtue of the agreement of counsel as memorialized by the order of the court below dated January 12, 1988; indeed, counsel for the appellees conceded as much during the oral argument before this court.
Affirmed as modified.