DEBRAH GRUDZINSKI, APPELLANT,
v.
COLLETTE ANN VOYER, ET AL., APPELLEES

Fla. 5th DCA | 1995-05-19
No. 94-1506
DAUKSCH, COBB and GOSHORN, JJ., concur.
654 So. 2d 675 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Debrah Grudzinski appeals a nonfinal order denying her petition to intervene in the child custody modification proceeding involving her grandchild. We treat the notice of appeal as a petition for certiorari,1 and, finding no abuse of discretion, deny the petition. See Fla.R.Civ.P. 1.230; John G. Grubbs, Inc. v. Suncoast Excavating, Inc., 594 So. 2d 346 (Fla. 5th DCA 1992) (stating that intervention is not a matter of right, but rests within the trial court’s discretion).

PETITION DENIED.

DAUKSCH, COBB and GOSHORN, JJ., concur. . Chriss v. Chriss, 417 So. 2d 835, 836 (Fla. 1st DCA 1982) (nonfinal order denying motion to intervene reviewable by way of common law certiorari).


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  • Superior Fence & Rail OF N. Fla. v. Lucas, 35 So. 3d 104 (Fla. 5th DCA 2010)
    …e this opportunity to clarify deci-sional law from this Court regarding whether the denial of a motion to intervene is reviewed by certiorari or appeal. In at least two cases, In re J.S., 404 So. 2d 1144 (Fla. 5th DCA 1981), and Grudzinski v. Voyer, 654 So. 2d 675 (Fla. 5th DCA 1995), we reviewed the denial of a motion to intervene by certiorari. However, in Hart v. Atlantic International Investment Corp., 513 So. 2d 768 (Fla. 5th DCA 1987), and Vanguard, Insurance Co. v. Townsend, 544 So. 2d 1153 (Fla. 5th D…
  • Carter v. State, 699 So. 2d 771 (Fla. 5th DCA 1997)
    …al proceedings. Id. 699 So. 2d at 625, n. 1. On direct appeal, the defendant challenged his sentence claiming that the trial court lacked the authority to initiate habitual offender sentencing. This court affirmed the trial court. Carter v. State, 654 So. 2d 675 (Fla. 5th DCA 1995). He again raised the issue in a subsequent rule 3.850 motion for post-conviction relief, and in a separate petition for writ of habeas corpus. Both of these collateral appeals were also rejected by this court. See Carter v. State…

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