02-0760 PENABAD V. A.G. GLADSTONE

State: Florida

Court: Florida Third District Court

Docket No: 02-0760 PENABAD V. A.G. GLADSTONE

Case Date: 06/12/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002 ALICIA PENABAD and NOVEL PENABAD, Appellants, ** vs. ** A.G. GLADSTONE ASSOCIATES, INC., a Florida corporation ** SOUTH HAMPTON BEACH, LTD., a Florida Limited Partnership, ** LYNN SIMMS, Individually, and ROBERT and KATHRYN WEYERS, ** Individually and as Husband and Wife, ** Appellees. ** CASE NOS. 3D02-760 & 3D02-741 LOWER TRIBUNAL NO. 99-5100 ** **

Opinion filed June 12, 2002. An appeal from a non-final order from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge. Arnaldo Velez, for appellants. William L. Petros, for appellee.

Before LEVY, GERSTEN, and GREEN, JJ.

PER CURIAM.

This is a petition for certiorari and an appeal from an order denying Alicia Penabad's motion to dissolve a lis pendens, which have been consolidated for purposes of this appeal. this appeal for lack of standing. We dismiss

At the time of the underlying

motion, Alicia Penabad had no ownership interest in the subject property because she had executed a quit claim deed transferring her interests to a third party. See Stas v. Posada, 760 So. 2d

954, 955 (Fla. 3d DCA 1999) (appellant with no ownership interest in property was not affected by order and thus precluded from seeking appellate review). Furthermore, Novel Penabad was not a

party to the underlying motion to dissolve a lis pendens and, therefore, also has no standing here. See Credit Indus. Co. v.

Remark Chem. Co., 67 So. 2d 540, 541 (Fla. 1953 (general rule on appeal is that party may appeal only from decision adverse to him). Appeal dismissed.

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