Stas v. Posada, 99-1106.
| Decision Date | 01 September 1999 |
| Docket Number | No. 99-1106.,99-1106. |
| Citation | 760 So.2d 954 |
| Parties | Karin M. STAS, et al., Appellants, v. Clara POSADA, Appellee. |
| Court | Florida District Court of Appeals |
Sweetapple, Broeker & Varkas, and Paul B. Feltman, Miami, for appellants.
Castillo, Stafford & Wald, and Angel Castillo, Jr., Coral Gables, for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and GREEN, JJ.
ON MOTION TO DISMISS
We grant Clara Posada's motion to dismiss appellants Karin Stas and Juan Mueller from the instant appeal for lack of standing. Appellant Karin Stas has no ownership interest in the property awarded to the plaintiff and, consequently, is not affected by the judgment entered below. With no interest at stake, she is precluded from seeking appellate review. See Credit Indus. Co. v. Remark Chem. Co., 67 So.2d 540 (Fla.1953); King v. Brown, 55 So.2d 187 (Fla.1951); Estate of Rose v. First Nat'l Bank of Miami, 165 So.2d 226 (Fla. 3d DCA 1964).
Appellant Juan Mueller was not a party below and made no effort to intervene in the action. Consequently, he too is precluded from seeking appellate review. See Forcum v. Symmes, 101 Fla. 1266, 133 So. 88 (1931); Barnett v. Barnett, 705 So.2d 63 (Fla. 4th DCA 1997); Orange County v. Game & Fresh Water Fish Comm'n, 397 So.2d 411 (Fla. 5th DCA 1981); see also Marino v. Ortiz, 484 U.S. 301, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (); Wags Transp. Sys., Inc. v. City of Miami Beach, 88 So.2d 751 (Fla.1956) ().
Accordingly, Karin Stas and Juan Mueller are hereby dismissed from the instant appeal.
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