Florida District Courts of Appeal, 1977

Oakley v. Ball

Oakley v. Ball
Florida District Courts of Appeal · Decided July 26, 1977 · Alderman, Dauksch, Downey, Mager
356 So. 2d 6; 1977 Fla. App. LEXIS 17312 (Southern Reporter, Second Series)

Oakley v. Ball

Opinion of the Court

PER CURIAM.

Our review of the briefs and appendix leads us to the conclusion that appellants have failed to demonstrate an abuse of discretion by the trial court. Accordingly, the order appealed from is

AFFIRMED.

MAGER, C. J., and DOWNEY and DAUKSCH, JJ., concur.

070rehearing

ON PETITION FOR REHEARING

On petition for rehearing appellants take an entirely new tack and suggest reversal of the order appealed from because although a hearing was held below on appel-lees’ motion to discharge the lis pendens no evidence was adduced. This is an entirely new contention not raised in appellants brief. This is the first notice to this court that appellants assert they were aggrieved by some procedural deficiency in the trial court and it comes too late. Fla.App. Rule 3.14(b); In re Certificate of N.Y. to Compel Atten. of Wit., 297 So.2d 865 (Fla.4th DCA 1974).

*7Accordingly, appellants petition for rehearing is DENIED.

ALDERMAN, C. J., and DOWNEY and DAUKSCH, JJ., concur.

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