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MUNILLA v. ESPINOSA

No. 88-1139.

533 So.2d 895 (1988)

Maria MUNILLA, Madeleine Munilla and Ricardo Elortegui, Appellants, v. Evelio S. ESPINOSA and Henry Betancourt, Appellees.

District Court of Appeal of Florida, Third District.

November 8, 1988.

Attorney(s) appearing for the Case

Otto De Cordoba and J. Alfredo Armas, Miami, for appellants.

Mark A. Kamilar, Miami, and Steven D. Caster, Hollywood, for appellees.

Before BARKDULL and PEARSON, DANIEL and JORGENSON, JJ.

PER CURIAM.

We treat a timely petition for common law certiorari as a non-final appeal from an order extending a Lis Pendens and refusing to dissolve same or require a bond.1 The action in the trial court not being "founded" on a "recorded instrument" or "mechanic's lien", it was error for the trial court not to require the posting of a bond. See Section 48.23(2), Florida Statutes (1987). The defendant having moved to dissolve the Lis...

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