Dickstein v. Danians North Condo., Inc.

District Court of Appeal of Florida

Dickstein v. Danians North Condo., Inc.

587 So. 2d 668, 1991 Fla. App. LEXIS 10517, 1991 WL 211418

CourtDistrict Court of Appeal of Florida

DecidedOctober 23, 1991

DocketNo. 90-2559

StatusPublished

This text of 587 So. 2d 668 (Dickstein v. Danians North Condo., Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dickstein v. Danians North Condo., Inc., 587 So. 2d 668, 1991 Fla. App. LEXIS 10517, 1991 WL 211418 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse. Under the facts of this case, the “interest of justice” requires that appellant be allowed to intervene post judgment. See Wags Transp. Sys. v. City of Miami Beach, 88 So.2d 751, 752 (Fla.1956). Because disputed issues of material fact exist, the trial court also erred in granting final summary judgment. See Fla.R.Civ.P. 1.510(c). Therefore, on remand the trial court shall vacate the final summary judgment, and the orders denying appellant’s petition to intervene and motion to vacate final summary judgment. Accordingly, the trial court shall grant appellant’s petition to intervene and motion to vacate final summary judgment.

REVERSE AND REMANDED WITH DIRECTIONS.

HERSEY, GUNTHER and GARRETT, JJ., concur.

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PER CURIAM.

We reverse. Under the facts of this case, the “interest of justice” requires that appellant be allowed to intervene post judgment. See Wags Transp. Sys. v. City of Miami Beach, 88 So.2d 751, 752 (Fla.1956). Because disputed issues of material fact exist, the trial court also erred in granting final summary judgment. See Fla.R.Civ.P. 1.510(c). Therefore, on remand the trial court shall vacate the final summary judgment, and the orders denying appellant’s petition to intervene and motion to vacate final summary judgment. Accordingly, the trial court shall grant appellant’s petition to intervene and motion to vacate final summary judgment.

REVERSE AND REMANDED WITH DIRECTIONS.

HERSEY, GUNTHER and GARRETT, JJ., concur.

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Bluebook (online)

587 So. 2d 668, 1991 Fla. App. LEXIS 10517, 1991 WL 211418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickstein-v-danians-north-condo-inc-fladistctapp-1991.

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