ANA M. ESPAILLAT,
v.
SECURITY FIRST INSURANCE COMPANY,
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Ana Espaillat, a non-party to litigation, appealed a trial court order granting in part a motion to dismiss that named her as an indispensable party to be joined. The appellate court dismissed the appeal because Ana lacked standing as a non-party and the order was non-final and non-appealable.
A non-party to litigation who has not been directly affected by the order lacks standing to appeal a non-final, non-appealable dismissal order, and certiorari is not available as a remedy.
[1] An appeal from a non-final order is generally not appealable.
[2] A non-party to litigation lacks standing to appeal a trial court's order.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“non-party Appellant is not a named party to the litigation below, and has made no effort to intervene in the action or cooperate in complying with the trial court's order directed to Plaintiff Juan Espiallat. As such, non-party Appellant has no standing to appeal.”
Establishes the lack of standing rationale for non-parties who do not attempt to intervene
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Join FLexlaw to unlock all legal intelligenceJuan Espiallat filed a complaint against Security First Insurance Company. The trial court granted in part Security First's motion to dismiss for fail…
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PER CURIAM.
Non-party appellant, Ana Espaillat (“non-party Appellant”), seeks review of a non-final order granting in part Defendant Security First Insurance Company’s motion to dismiss Plaintiff Juan Espiallat’s complaint, without prejudice, for failure to join her as an indispensable party.1 In the alternative, non-party Appellant requests this Court treat her appeal as a petition for writ of certiorari. We dismiss the appeal as taken from a non-final, non-appealable order. See Euceda v. Se. Pers. Leasing, Inc., 33 So. 3d 115 (Fla. 1st DCA 2010); Croes v. Univ. Cmty. Hosp., 886 So. 2d 1040, 1041 n.2 (Fla. 1st DCA 2004); Mendez v. Shoma Dev. Corp., 899 So. 2d 510 (Fla. 1st DCA 2005). More to the point, non-party Appellant is not a named party to the litigation below, and has made no effort to intervene in the action or cooperate in complying with the trial court’s order directed to Plaintiff Juan Espiallat. As such, non-party Appellant has no standing to appeal. See Edwards v. CIT Bank, N.A., 45 Fla. L. Weekly D1405 (Fla. 3d DCA June 10, 2020); Hood v. Union Planters Bank, 941 So. 2d 1175, 1176 (Fla. 1st DCA 2006); Stas v. Posada, 760 So. 2d 954, 955 (Fla. 3d DCA 1999). Certiorari is not available as a remedy
because the non-party Appellant has not yet been directly affected by the order below. See Ahlers v. Wilson, 867 So. 2d 524 (Fla. 1st DCA 2004).
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gabor Simmonds v. In re Olaechea, 45 Fla. L. Weekly D1405 (Fla. 3d DCA 2020)
Authorities Cited
- Karin M. Stas v. Posada, 760 So. 2d 954 (Fla. 3d DCA 1999)
- Cason v. State, 867 So. 2d 524 (Fla. 1st DCA 2004)
- Hood v. Union Planters Bank, 941 So. 2d 1175 (Fla. 1st DCA 2006)
- Euceda v. Se. Pers. Leasing, Inc., 33 So. 3d 115 (Fla. 1st DCA 2010)
- Gabor Simmonds v. In re Olaechea, 45 Fla. L. Weekly D1405 (Fla. 3d DCA 2020)