Andresix Corp. v. Peoples Downtown Nat. Bank
| Decision Date | 17 August 1982 |
| Docket Number | Nos. 81-1691,81-2205,s. 81-1691 |
| Parties | ANDRESIX CORPORATION, Appellant, v. PEOPLES DOWNTOWN NATIONAL BANK, etc., et al., Appellees. PEOPLES DOWNTOWN NATIONAL BANK, Appellant, v. F. Allen BLISS, Andresix Corporation, et al., Appellees. |
| Court | Florida District Court of Appeals |
Horton Perse & Ginsberg and Mallory H. Horton, for Andresix Corp.
Quinton, Lummus, Donwody & Adams and Peter M. Feaman, for Peoples Downtown Nat. Bank.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
We affirm the trial court's order denying the motion to intervene filed by Andresix Corporation upon a holding that Andresix, as a purchaser of property which was then the subject of a mortgage foreclosure action and accompanying lis pendens by Peoples Downtown National Bank, was not entitled to intervene in such action. Greenwald v. Graham, 100 Fla. 818, 130 So. 608 (1930); Intermediary Finance Corporation v. McKay, 93 Fla. 101, 111 So. 531 (1927); Peninsular Naval Stores Company v. Cox, 57 Fla. 505, 49 So. 191 (1909). See O'Bryan v. Dr. P. Phillips & Sons, Inc., 123 Fla. 302, 166 So. 820 (1936). Cf. Nelson Bullock Co. v. South Down Development Co., 132 Fla. 495, 181 So. 365 (Fla.1938); Freligh v. Maurer, 111 So.2d 712 (Fla. 2d DCA 1959); Dutcher v. Haines City Estates, Inc., 26 F.2d 669 (5th Cir. 1928) ().
The stay of the foreclosure action entered by the trial court pending this review is vacated.
Affirmed in Case No. 81-1691; stay vacated in Case No. 81-2205.
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...Tr. Servs., LLC v. DLJ Mortg. Capital, Inc., 225 So. 3d 833 (Fla. 5th DCA 2017).[18] Andresix Corp. v. Peoples Downtown Nat. Bank, 419 So. 2d 1107 (Fla. 3d DCA 1982); Harrod v. Union Fin. Co., 420 So. 2d 108 (Fla. 3d DCA 1982); SADCO, Inc. v. Countrywide Funding, Inc., 680 So. 2d 1072 (Fla.......
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