Ross v. City of Miami

Full title: WILLIE GEORGE ROSS, Appellant, vs. CITY OF MIAMI and GEORGIA DEPARTMENT OF…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 10, 1998

712 So. 2d 438 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3456

Opinion filed June 10, 1998. JANUARY TERM, A.D. 1998

An appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge. L.T. No. 92-9392.

David M. Shenkman, Miami; Sale Kuehne and Benedict P. Kuehne, Miami, for appellant.

Thurbert E. Baker, Attorney General and Dennis R. Dunn, Deputy Attorney General, and William C. Joy, Senior Assistant Attorney General and Katherine S. Davis, Assistant Attorney General, Atlanta, GA, for appellees.

Before GREEN, FLETCHER, and SHEVIN, JJ.

PER CURIAM.

We reverse the order granting the State of Georgia, Department of Human Resources, leave to intervene to assert a lien in this cause after the final judgment in this case had been affirmed on appeal and the mandate had issued.

The rule regarding postjudgment interventions has been well established, absent an exception, not present here, "intervention may not be allowed after final judgment". Dickinson v. Segal, 219 So.2d 435, 436 (Fla. 1969) (footnote omitted); see also Wags Trans. Sys., Inc. v. City of Miami Beach, 88 So.2d 751, 752 (Fla. 1956); Fla. R. Civ. P. 1.230.

Reversed.