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CUNEO v. CONSECO SERVS., LLC

No. 3D04-3283.

899 So.2d 1139 (2005)

Richard M. CUNEO, et al., Petitioners, v. CONSECO SERVS., LLC, Respondent.

District Court of Appeal of Florida, Third District.

March 9, 2005.

Attorney(s) appearing for the Case

Fowler White Burnett, and Alan J. Perlman, and June G. Hoffman, Miami; and Podhurst, Orseck, and Robert C. Josefsberg, Miami, for petitioners.

Greenberg Traurig, and Elliot H. Scherker, and David A. Coulson, and Lisa L. Jama, Miami, for respondent.

Before COPE, RAMIREZ, an WELLS, JJ.

RAMIREZ, J.

Richard Cuneo and his wife, Ngaire, petition for a writ of certiorari to quash the trial court's order denying their motion to dismiss a claim for an equitable lien against homestead property because the claim failed to state a cause of action, and denying their request to stay the action. We deny the petition.

The procedural history of the litigation between the parties is set forth in Conseco Servs., LLC v. Richard Cuneo and Ngaire Cuneo,...

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