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KIRK v. BAUMANN

No. 76-221.

336 So.2d 125 (1976)

James L. KIRK, II, Executor of the Estate of Josephine Thompson, Deceased, Appellant, v. Stanley BAUMANN et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 2, 1976.

Attorney(s) appearing for the Case

Malka Isaak and Hume F. Coleman, Holland & Knight, Lakeland, for appellant.

James R. Clouse, Jr., Fort Myers, for appellees.

McNULTY, Chief Judge.

Appellant, seeking a declaratory judgment as to ownership of certain stock and injunctive relief, filed a notice of lis pendens pursuant to § 48.23, F.S. 1975, intending thereby to prevent alienation of the stock during the pendency of the action. On motion, the trial judge discharged the lis pendens and this interlocutory appeal ensued. We affirm.

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