Steve Weis Realty, Inc. v. Citizens & Southern National Bank of Florida

District Court of Appeal of Florida

Steve Weis Realty, Inc. v. Citizens & Southern National Bank of Florida

618 So. 2d 274, 1993 Fla. App. LEXIS 3649, 1993 WL 95598

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 1993

DocketNo. 92-02389

StatusPublished

This text of 618 So. 2d 274 (Steve Weis Realty, Inc. v. Citizens & Southern National Bank of Florida) 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.

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Steve Weis Realty, Inc. v. Citizens & Southern National Bank of Florida, 618 So. 2d 274, 1993 Fla. App. LEXIS 3649, 1993 WL 95598 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

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 [275]*275March 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.

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PER CURIAM.

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 [275]*275March 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.

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618 So. 2d 274, 1993 Fla. App. LEXIS 3649, 1993 WL 95598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steve-weis-realty-inc-v-citizens-southern-national-bank-of-florida-fladistctapp-1993.

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