ITZAK DICKSTEIN, APPELLANT,
v.
DANIANS NORTH CONDO., INC., AND DANIANS SOUTH CONDOMINIUM ASSOCIATION, INC., CITY OF DANIA, A MUNICIPAL CORP., OF THE STATE OF FLORIDA, APPELLEES
ITZAK DICKSTEIN, APPELLANT,
DANIANS NORTH CONDO., INC., AND DANIANS SOUTH CONDOMINIUM ASSOCIATION, INC., CITY OF DANIA, A MUNICIPAL CORP., OF THE STATE OF FLORIDA, APPELLEES
587 So. 2d 668
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Masnev v. Masnev, 253 So. 3d 638 (Fla. 4th DCA 2018)
Authorities Cited
- Wags Transp. Sys., Inc. v. City OF Miami Beach, 88 So. 2d 751 (Fla. 1956)