Boca Development Associates, Ltd. v. Holiday City Civic Ass'n, Inc., 81-955
| Citation | 411 So.2d 343 |
| Decision Date | 24 March 1982 |
| Docket Number | No. 81-955,81-955 |
| Parties | BOCA DEVELOPMENT ASSOCIATES, LTD., Appellant, v. HOLIDAY CITY CIVIC ASSOCIATION, INC., and Boca Grande Property Owners Association, Appellees. |
| Court | Florida District Court of Appeals |
Tracy R. Sharpe of Farish, Farish & Romani, West Palm Beach, for appellant.
John P. Kelly of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee-Boca Grande Property Owners Ass'n, Inc.
Billie Tarnove, Lauderdale-By-The-Sea, for appellee-Holiday City Civic Ass'n, Inc.
OWEN, WILLIAM C., Jr., (Retired), Associate Judge.
Appellant seeks review of its motion for leave to intervene, filed after entry of final judgment. We affirm on the authority of Regency Highland Condominium Assoc., Inc., 405 So.2d 788 (Fla. 4th DCA 1981) and Maryland Casualty Company v. Hanson Dredging, Inc., 393 So.2d 595 (Fla. 4th DCA 1981). Apropos to our disposition of this appeal is the following statement in Maryland Casualty Company v. Hanson Dredging, Inc., supra, at page 596. As to denial of the motion to intervene filed by Westinghouse, we begin our consideration with the following statement of law.
(I)ntervention involves an exercise of the chancellor's discretion and his determination will not be disturbed unless error is clearly made to appear. (Citations omitted.)
Wogisch v. Tiger, 193 So.2d 187 (Fla. 4th DCA 1966). With particular reference to attempts to intervene in the latter stages of litigation, the Supreme Court of Florida has adopted the almost universal rule that intervention will not be allowed after final judgment. Dickinson v. Segal, 219 So.2d 435 (Fla.1969). The court referred to Wags Transportation System v. City of Miami Beach, 88 So.2d 751 (Fla.1956), a case establishing an exception where intervention was "in the interests of justice," but declined "to extend it beyond the facts involved there." Dickinson v. Segal, supra at 438.
More recently the Third District Court of Appeal has applied the general rule and refused to extend the exception. Wong v. von Wersebe, 365 So.2d 429 (Fla. 3rd DCA 1978).
We are strongly inclined to the view that adherence to the rule rather than the exception will produce the best result in the great majority of cases.
Our review of the record does not clearly demonstrate an abuse of discretion.
AFFIRMED.
To continue reading
Request your trial
-
Palm Beach County v. Boca Development Associates, Ltd., 85-101
...decision. The trial court denied intervention; Boca Development appealed; and we affirmed. Boca Development Associates, Ltd. v. Holiday City Civic Association, 411 So.2d 343 (Fla. 4th DCA 1982). Failing at its first effort, Boca Development next filed an independent action in the circuit co......
-
Idacon, Inc. v. Hawes
...v. Regency Highland Condominium Association, Inc., 405 So.2d 788 (Fla. 4th DCA 1981); Boca Development Associates, Ltd. v. Holiday City Civic Association, Inc., 411 So.2d 343 (Fla. 4th DCA 1982). In the instant case we find that the interests of justice do not require that a creditor with a......
-
De Anza Corp. v. Hollywood Estates Homeowners Ass'n, Inc., 83-916
...after final judgment. Maryland Casualty Company v. Hanson Dredging, Inc. 405 So.2d at 789. In Boca Dev. Assocs. v. Holiday City Civic Ass'n, 411 So.2d 343 (Fla. 4th DCA 1982), we reiterated this position. In that case the appellant sought review of its motion for leave to intervene filed af......
-
Sweetwater Country Club Homeowners' Ass'n, Inc. v. Huskey Co., 92-387
... ... (Huskey) developed the Sweetwater Oaks development in Seminole and Orange Counties which consists of ... 4th DCA 1984); ... Boca Development Associates Ltd. v. Holiday City Civic ... ...