From Casetext: Smarter Legal Research

Abujasen v. Dreke

District Court of Appeal of Florida, Third District.
Jul 10, 2013
118 So. 3d 235 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D12–2092.

2013-07-10

Marie Elena ABUJASEN a/k/a Marie E. Abujasen, etc., Appellant, v. Lowry DREKE, et al., Appellees.

An Appeal from the Circuit Court for Miami–Dade County, David C. Miller, Judge. Kogan Prober and Pavel Kogan and Bruce Prober, Fort Lauderdale, for appellant. Lerman & Whitebook and Carlos Lerman, Hollywood, for appellees.


An Appeal from the Circuit Court for Miami–Dade County, David C. Miller, Judge.
Kogan Prober and Pavel Kogan and Bruce Prober, Fort Lauderdale, for appellant. Lerman & Whitebook and Carlos Lerman, Hollywood, for appellees.
Before CORTIÑAS, EMAS and LOGUE, JJ.

EMAS, J.

Maria Elena Abujasen appeals an order denying her motion to intervene, which was filed after the trial court's entry of a final judgment of foreclosure, and after a sale of the foreclosed property. Given (1) our standard of review in this case ; (2) the general rule that intervention is not permitted post-final judgment ; and (3) the absence of a transcript of the hearing below , we affirm the trial court's order.

See Barnhill v. Fla. Microsoft Anti–Trust Litigation, 905 So.2d 195 (Fla. 3d DCA 2005) (order on motion to intervene is reviewed under abuse of discretion standard).

See Dickinson v. Segal, 219 So.2d 435 (Fla.1969).

See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

In doing so, however, we note Appellees candidly conceded, both in their brief and at oral argument, that because Appellant was a nonparty to the action, the final judgment in this case does not affect any ownership interest Appellant may have in the foreclosed property.

Affirmed.


Summaries of

Abujasen v. Dreke

District Court of Appeal of Florida, Third District.
Jul 10, 2013
118 So. 3d 235 (Fla. Dist. Ct. App. 2013)
Case details for

Abujasen v. Dreke

Case Details

Full title:Marie Elena ABUJASEN a/k/a Marie E. Abujasen, etc., Appellant, v. Lowry…

Court:District Court of Appeal of Florida, Third District.

Date published: Jul 10, 2013

Citations

118 So. 3d 235 (Fla. Dist. Ct. App. 2013)

Citing Cases

Lmg Nw 173 Dr LLC v. Deutsche Bank Natl. Trust Co.

PER CURIAM.Affirmed. Applegate v. Barnett Bank, 377 So.2d 1150 (Fla.1979); Abujasen v. Dreke, 118 So.3d 235…

Charry v.

We review the denial of the motion to intervene for an abuse of discretion. See Abujasen v. Dreke, 118 So.3d…