Opinion
No. 88-2339.
October 19, 1989.
Petition for Writ of Certiorari, A Case of Original Jurisdiction.
William G. Osborne of Osborne and Aikin, P.A., Orlando, for appellant.
Douglas S. Lambeth, Fort Lauderdale, for appellee.
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 stay 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.