STEVE WEIS REALTY, INC., APPELLANT,
v.
THE CITIZENS AND SOUTHERN NATIONAL BANK OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of intervention by minority stockholder in foreclosure action where the stockholder waited until after default judgment was entered, despite having notice and opportunity to participate earlier through bankruptcy proceedings.
A trial court does not abuse its discretion in denying a minority stockholder's motion to intervene in a foreclosure action filed after default and default final judgment have already been entered.
[1] A party seeking to intervene in a foreclosure action after default judgment has been entered, despite having notice and opportunity to participate in prior bankruptcy pro…
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Join FLexlaw to unlock all legal intelligenceCitizens & Southern National Bank filed a foreclosure action against Dixie Forty, Inc. in August 1991. Steve Weis Realty, a minority stockholder of Di…
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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 March 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Union Cent. Life Ins. Co. v. Carlisle, 593 So. 2d 505 (Fla. 1992)
- Dickinson v. Segal, 219 So. 2d 435 (Fla. 1969)