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Steve Weis Realty v. Citizens S. BK

District Court of Appeal of Florida, Second District
May 20, 1993
618 So. 2d 274 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-02389.

April 2, 1993. Rehearing Denied May 20, 1993.

Appeal from the Circuit Court, Pasco County, W. Lowell Bray, J.

Laura L. Whiteside of Barnett, Bolt, Kirkwood Long, Tampa, for appellant.

Edward I. Cutler and Sylvia H. Walbolt of Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Tampa, for appellee.


We affirm the trial court's order that denied Steve Weis Realty, Inc., the opportunity to intervene in a foreclosure action.

The Citizens Southern National Bank filed the foreclosure action against Dixie Forty, Inc., in August 1991. The action was initially stayed by a bankruptcy proceeding. Steve Weis Realty is a minority stockholder of Dixie Forty. It sought to intervene to defend Dixie Forty on April 3, 1992. Its motion to intervene was filed after the bankruptcy court lifted its stay on March 3, 1992, after the trial court entered a default on March 13, 1992, and after a default final judgment was entered on March 26, 1992. Steve Weis Realty had been represented at the bankruptcy hearing when the stay was lifted. Under these circumstances, the trial court did not abuse its discretion by denying intervention. See Union Central Life Ins. Co. v. Carlisle, 593 So.2d 505 (Fla. 1992); Dickinson v. Segal, 219 So.2d 435 (Fla. 1969).

Before the default judgment in this cause was entered, Steve Weis Realty filed a separate action against the bank and several principals of Dixie Forty, alleging many theories, including fraud and conspiracy. We express no opinion as to what estoppel effect, if any, the default foreclosure judgment may have in the separate action.

Affirmed.

HALL, A.C.J., and ALTENBERND and BLUE, JJ., concur.


Summaries of

Steve Weis Realty v. Citizens S. BK

District Court of Appeal of Florida, Second District
May 20, 1993
618 So. 2d 274 (Fla. Dist. Ct. App. 1993)
Case details for

Steve Weis Realty v. Citizens S. BK

Case Details

Full title:STEVE WEIS REALTY, INC., APPELLANT, v. THE CITIZENS AND SOUTHERN NATIONAL…

Court:District Court of Appeal of Florida, Second District

Date published: May 20, 1993

Citations

618 So. 2d 274 (Fla. Dist. Ct. App. 1993)