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SMITH v. SMITH

No. 5D00-498.

761 So.2d 370 (2000)

Stephen SMITH, Petitioner, v. Teresa SMITH, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 6, 2000.

Attorney(s) appearing for the Case

David F. Allen, Winter Park, for Petitioner.

John A. Baldwin of Baldwin & Morrison, P.A., Fern Park, for Respondent.

COBB, J.

Stephen Smith seeks a writ of prohibition to prevent the forced sale of property he claims as homestead. While we conclude that the trial court was not acting in excess of its jurisdiction and that prohibition is thus inappropriate, we elect to treat the petition as a notice of appeal1 from the final judgment of foreclosure of lien which ordered the sale and reverse.

Final judgment of dissolution was entered dissolving...

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