Mkt. Tampa Invs., LLC v. Stobaugh, 2D13–5126.
| Decision Date | 02 September 2015 |
| Docket Number | No. 2D13–5126.,2D13–5126. |
| Parties | MARKET TAMPA INVESTMENTS, LLC, Appellant, v. Goldia Marie STOBAUGH, a/k/a Goldia M. Parsley, a/k/a Goldia S. Parsley; Brandon Brook Homeowners Association, Inc.; Citifinancial, Inc., d/b/a Citifinancial Services, Inc.; Archie J. Parsley, a/k/a Archie J. Parsley, II; U.S. Bank National Association, as Trustee for GSMPS 2006–RPI, Appellees. |
| Court | Florida District Court of Appeals |
Stuart Jay Levine and Heather A. DeGrave of Walters Levine Klingensmith & Thomison, P.A., Tampa, for Appellant.
Jessica Zagier Wallace of Carlton Fields Jordan Burt, PA, Miami; and Michael K. Winston and Dean A. Morande of Carlton Fields Jordan Burt, PA, West Palm Beach, for Appellee U.S. Bank National Association, as Trustee for GSMPS 2006–RPI.
No appearance for remaining Appellees.
Market Tampa Investments, LLC, appeals a final judgment of foreclosure entered against Goldia Stobaugh and in favor of U.S. Bank National Association, challenging (1) the trial court's denial of Market Tampa's motion to intervene or substitute at the final hearing on U.S. Bank's complaint for foreclosure and (2) the merits of the foreclosure judgment. We affirm in part and dismiss in part.
U.S. Bank filed a motion to dismiss this appeal, arguing that Market Tampa, who obtained the property by quitclaim deed from Stobaugh after the foreclosure complaint and lis pendens had been filed, is a stranger to the litigation and thus cannot appeal the final judgment. Market Tampa filed a motion to intervene or substitute below and thus has standing to appeal the trial court's denial of that motion, which we treat as being incorporated into the final judgment. See Litvak v. Scylla Props., LLC, 946 So.2d 1165, 1172 (Fla. 1st DCA 2006) ; cf. Yankeetown Mgmt., LLC v. SunTrust Mortg., Inc., 164 So.3d 744, 745 (Fla. 2d DCA 2015) ( ). However, because the trial court did not permit Market Tampa to intervene or to be substituted as a party, a ruling that was proper under the facts of this case,1 Market Tampa was not a party...
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