Summary
affirming "the trial court's order denying the motion to intervene by Andresix Corporation upon a holding that Andresix, as purchaser of property which was then the subject of a mortgage foreclosure action and accompanying lis pendens by [the Bank], was not entitled to intervene in such action."
Summary of this case from Space Coast Credit Union v. GoldmanOpinion
Nos. 81-1691, 81-2205.
August 17, 1982. Rehearing Denied October 19, 1982.
Appeal from the Circuit Court for Dade County, Dan Satin and John Gale, JJ.
Horton Perse Ginsberg and Mallory H. Horton, for Andresix Corp.
Quinton, Lummus, Donwody Adams and Peter M. Feaman, for Peoples Downtown Nat. Bank.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
We affirm the trial court's order denying the motion to intervene filed by Andresix Corporation upon a holding that Andresix, as a purchaser of property which was then the subject of a mortgage foreclosure action and accompanying lis pendens by Peoples Downtown National Bank, was not entitled to intervene in such action. Greenwald v. Graham, 100 Fla. 818, 130 So. 608 (1930); Intermediary Finance Corporation v. McKay, 93 Fla. 101, 111 So. 531 (1927); Peninsular Naval Stores Company v. Cox, 57 Fla. 505, 49 So. 191 (1909). See O'Bryan v. Dr. P. Phillips Sons, Inc., 123 Fla. 302, 166 So. 820 (1936). Cf. Nelson Bullock Co. v. South Down Development Co., 132 Fla. 495, 181 So. 365 (Fla. 1938); Freligh v. Maurer, 111 So.2d 712 (Fla. 2d DCA 1959); Dutcher v. Haines City Estates, Inc., 26 F.2d 669 (5th Cir. 1928) (intervention appropriate where lis pendens filed by party with inchoate claim to interest in property, but without prior recorded lien, and proposed intervenor asserts superior interest in property).
The stay of the foreclosure action entered by the trial court pending this review is vacated.
Affirmed in Case No. 81-1691; stay vacated in Case No. 81-2205.