CHARLOTTE VOGEL, TRUSTEE, APPELLANT,
v.
HELEN C. SMITH, A SINGLE WOMAN, APPELLEE
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A trial court erred in authorizing release of registry funds to a non-party movant who lacked standing to make such a motion; the proper remedy is intervention under Florida Rule of Civil Procedure 1.230.
A non-party to an action has no standing to move for release of funds from the court registry and the trial court errs in granting such relief without requiring the non-party to first intervene.
[1] A non-party to litigation lacks standing to move for release of funds from the court registry and must first obtain party status through intervention under Florida Rule o…
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Join FLexlaw to unlock all legal intelligence“Persons who are not parties of record to a suit have no standing therein which will enable them to take part in or control the proceedings. If they have occasion to ask relief in relation to the matters involved, they must either contrive to obtain the status of parties in such suit or they must institute an independent suit.”
Court's statement of the standing requirement for non-parties seeking relief in litigation.
The trial court ordered release of $3500 from the circuit court registry to a non-party movant in an action where the non-party was not a party of rec…
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KEHOE, Judge.
Appellant/plaintiff takes this interlocutory appeal from a non-final order directing the release of $3500 from the registry of the Circuit Court to a non-party movant. We reverse.
The trial court committed reversible error by authorizing the release of monies deposited in the court registry to one who was not a party to the action below. A non-party had no standing to make such a motion:
“ ‘Persons who are not parties of record to a suit have no standing therein which will enable them to take part in or control the proceedings. If they have occasion to ask relief in relation to the matters involved, they must either contrive to obtain the status of parties in such suit or they must institute an independent suit’.”
Warshaw-Seattle, Inc. v. Clark, 85 So. 2d 623, 625 (Fla.1955).
The trial court has discretion to allow an interested party to intervene below and assert a claim under these circumstances. See Miracle House Corporation v. Haige, 96 So. 2d 417 (Fla.1957); Buckley Towers Condominium, Inc. v. Millis, 352 So. 2d 585 (Fla.3d DCA 1977); cert. denied, 360 So. 2d 1247 (Fla.1978); Coral Bay Property Owners’ Association v. City of Coral Gables, 305 So. 2d 853 (Fla.3d DCA 1974); and Fla.R. Civ.P. 1.230.
Reversed.
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Citator
Cited By
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Hidden Wealth, Inc. v. Royal Petroleum, Inc., 453 So. 2d 106 (Fla. 4th DCA 1984)…PER CURIAM. We sua sponte dismiss the appeal upon the ground of lack of standing by appellant here and in the trial court. See Vogel v. Smith, 371 So. 2d 719 (Fla. 3d DCA 1979). HERSEY, GLICKSTEIN and DELL, JJ„ concur.…
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Popescu v. Laguna master Ass (9th Cir. Ct. App. Div. 2017)
Authorities Cited
- Davis v. Bd. OF Pub. Instruction FOR Broward Cnty., 96 So. 2d 417 (Fla. 1957)
- Warshaw-Seattle, Inc. v. Clark, 85 So. 2d 623 (Fla. 1955)
- Coral BAY Prop. Owners Ass'n v. City OF Coral Gables, 305 So. 2d 853 (Fla. 3d DCA 1974)
- Buckley Towers Condo., Inc. v. Minerva Millis, 352 So. 2d 585 (Fla. 3d DCA 1977)