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Dunscombe v. Beach Club Colony

District Court of Appeal of Florida, Fourth District
Aug 10, 1972
264 So. 2d 465 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-904.

July 17, 1972. Rehearing Denied August 10, 1972.

Appeal from the Circuit Court, St. Lucie County, D.C. Smith, J.

Carroll Dunscombe, Stuart, for appellant.

No appearance for appellees.


Appellant brings this appeal from an order denying his motion to intervene, individually and as a class representative, in a suit pending before the lower court. It is clear from the allegations of his motion to intervene that appellant's only interest in the litigation was that of a concerned citizen and taxpayer. It also appears that appellant was attempting to inject new issues into the proceedings. Consequently, the ruling on the motion was a matter within the sound discretion of the court. Riviera Club v. Belle Mead Development Corp., 1939, 141 Fla. 538, 194 So. 783; Oster v. Cay Construction Co., Fla.App. 1967, 204 So.2d 539; Charlotte County Development Commission v. Lord, Fla.App. 1965, 180 So.2d 198; and 24 Fla.Jur., Parties, §§ 20 and 31. We find no abuse of discretion.

The order appealed is affirmed.

REED, C.J., and OWEN and MAGER, JJ., concur.


Summaries of

Dunscombe v. Beach Club Colony

District Court of Appeal of Florida, Fourth District
Aug 10, 1972
264 So. 2d 465 (Fla. Dist. Ct. App. 1972)
Case details for

Dunscombe v. Beach Club Colony

Case Details

Full title:CARROLL DUNSCOMBE, APPELLANT, v. BEACH CLUB COLONY OF STUART, INC., ET…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 10, 1972

Citations

264 So. 2d 465 (Fla. Dist. Ct. App. 1972)

Citing Cases

Dunscombe v. Beach Club Colony of Stuart, Inc.

Rehearing Denied April 25, 1973. Certiorari dismissed. 264 So.2d 465. CARLTON, C.J., and ROBERTS, ERVIN,…