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Frangesh v. Schwartz

District Court of Appeal of Florida, Fourth District
Sep 6, 1989
548 So. 2d 299 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-0292.

September 6, 1989.

Appeal from the Circuit Court, Broward County, Arthur M. Birken, J.

Joseph W. Gibson, Jr., and Stanley J. Bartel, P.A., Miami, for appellants.

Anthony J. Titone of Titone, Roarke Titone, Lauderhill, for appellee-Harry Schwartz.


Appellants moved to intervene in appellees' dissolution proceeding to establish a lien against the marital home. Fields v. Fields, 35 So.2d 722 (Fla. 1948) and Picchi v. Picchi, 100 So.2d 627 (Fla. 1958), cited by appellants, do not support the argument that the trial court abused its discretion when it denied their motion to intervene. In Fields, the wife moved to bring in an additional party in an effort to clear title to a parcel of marital property. In Picchi, the wife sought to join two corporations she claimed were the husband's alter-ego. Here, neither party sought joinder of appellants. Based on the record before us, we hold that the trial court did not abuse its discretion when it denied appellants' motion to intervene. Accordingly, we affirm.

AFFIRMED.

HERSEY, C.J., and DELL, J., concur.

GLICKSTEIN, J., concurs specially with opinion.


Had I been the trial judge, I might have permitted this intervention in the interest of judicial economy. Nevertheless, I concur in the affirmance.

Grant or denial of intervention is a matter within the discretion of the court, and appellants have not made a convincing showing that this discretion has been abused.

Moreover, appellants have available another avenue; they may pursue their claim by initiating a separate action.


Summaries of

Frangesh v. Schwartz

District Court of Appeal of Florida, Fourth District
Sep 6, 1989
548 So. 2d 299 (Fla. Dist. Ct. App. 1989)
Case details for

Frangesh v. Schwartz

Case Details

Full title:WILLIAM FRANGESH AND BEVERLY FRANGESH, APPELLANTS, v. HARRY SCHWARTZ AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 6, 1989

Citations

548 So. 2d 299 (Fla. Dist. Ct. App. 1989)