Opinion
Nos. 86-3007, 86-3215.
June 3, 1987. Rehearing Denied June 29, 1987.
Appeal from the Circuit Court, Hillsborough County, Daniel E. Gallagher, J.
Bill James, State Atty., and James M. Barton, II, Asst. State Atty., Tampa, for appellant.
Wayne L. Thomas and William L. Grossenbacher of McKay Thomas, P.A., Tampa, for appellees.
The state attorney appeals a nonfinal order which dissolved a notice of lis pendens in a civil forfeiture action brought pursuant to Florida's RICO Act, chapter 895, Florida Statutes (1985), and returned the personal property to appellees, its owners.
We find no merit in the state attorney's first point relating to the trial court's jurisdiction to enter the order dissolving the notice of lis pendens.
The state attorney next contends that the trial court erred in dissolving the notice of lis pendens. The dissolution or continuance of a notice of lis pendens is only reviewable by writ of certiorari. Bay Place Development Corp. v. Ellis First National Bank of West Pasco, N.A., 465 So.2d 628 (Fla.2d DCA 1985); Hallmark Builders, Inc. v. Hickory Lanes of Brandon, Inc., 458 So.2d 45 (Fla. 2d DCA 1984). Therefore, we treat this appeal as a petition for writ of certiorari, and deny the petition. The state attorney has failed to demonstrate that the trial court's order dissolving the notice of lis pendens was a departure from the essential requirements of law.
FRANK, A.C.J., and SANDERLIN and THREADGILL, JJ., concur.