Summary
The Fifth District Court of Appeal of Florida affirmed the denial of Superior Fence & Rail of North Florida, Inc. and Christopher Johnson's motion to intervene in a landlord-tenant dispute. The court held that denial of a motion to intervene is reviewable by plenary appeal, not certiorari, and receded from contrary prior decisions.
Holdings
- An order denying a motion to intervene is appealable as a matter of right by plenary appeal because it constitutes a final determination of the proceeding as to the parties seeking to intervene.
- Intervention is appropriate only when the proposed intervenor has a direct and immediate interest in the litigation such that the intervenor will gain or lose by the direct legal operation and effect of the judgment. Superior Fence and Johnson did not possess such an interest.
Questions Presented
- Whether the denial of a motion to intervene is reviewable by certiorari or by plenary appeal.
- Whether Superior Fence and Christopher Johnson had a direct and immediate legal interest sufficient to permit intervention in the landlord-tenant litigation.
Disposition
affirmed
Cases Cited (13)
- In re S.N.W., 912 So. 2d 368, 370 (Fla. 2d DCA 2005)(followed)
- Allstate Ins. Co. v. Johnson, 483 So. 2d 524, 525 (Fla. 5th DCA 1986)(followed)
- Harbor Specialty Ins. Co. v. Schwartz, 932 So. 2d 383, 386 (Fla. 2d DCA 2006)(followed)
- Union Cent. Life Ins. Co. v. Carlisle, 593 So. 2d 505, 507 (Fla. 1992)(followed)
- In re J.S., 404 So. 2d 1144 (Fla. 5th DCA 1981)(overruled)
- Grudzinski v. Voyer, 654 So. 2d 675 (Fla. 5th DCA 1995)(overruled)
- Hart v. Atlantic International Investment Corp., 513 So. 2d 768 (Fla. 5th DCA 1987)(contrary authority)
- Vanguard Insurance Co. v. Townsend, 544 So. 2d 1153 (Fla. 5th DCA 1989)(contrary authority)
- Allstate Insurance Co. v. Conde, 595 So. 2d 1005 (Fla. 5th DCA 1992)(noted)
- J.R. v. R.M., 679 So. 2d 64, 65 n. 1 (Fla. 4th DCA 1996)(followed)
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