ROBERTO SOLER, JR.
v.
FEDERAL NATIONAL MORTGAGE ASSOCIATION
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A non-party to lower tribunal proceedings who did not seek to intervene lacks standing to appeal an order entered by the trial court.
[1] A non-party to lower tribunal proceedings who fails to seek intervention lacks standing to appeal an order from the trial court.
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Join FLexlaw to unlock all legal intelligence“Florida law clearly establishes that a non-party in the lower tribunal is a stranger to the record and, therefore, lacks standing to appeal an order entered by the lower tribunal.”
Court cited Edwards v. CIT Bank, N.A., 306 So. 3d 217, 219 (Fla. 3d DCA 2020)
Roberto Soler, Jr. objected to the sale of property that was the subject of a final foreclosure judgment entered in 2014. Soler was not a party to the…
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Opinion filed May 19, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-1665 Lower Tribunal No. 13-33734
________________
Roberto Soler, Jr.,
Appellant,
vs.
Federal National Mortgage Association, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Michael A. Hanzman, Judge. Roberto Soler, Jr., in proper person. Robertson, Anschutz, Schneid, Crane & Partners, PLLC, David Rosenberg and Jarrett Cooper (Boca Raton), for appellee Federal National Mortgage Association. Before LINDSEY, GORDO and BOKOR, JJ. PER CURIAM. Roberto Soler, Jr., a non-party to the underlying proceedings, appeals the court’s order overruling his objection to the sale of property which was the subject of a final judgment of foreclosure in 2014. Because Soler did not seek to intervene below and was never made party to the pre-or post-judgment foreclosure proceedings, he cannot properly appeal from the trial court’s order. See Edwards v. CIT Bank, N.A., 306 So. 3d 217, 219 (Fla. 3d DCA 2020) (“Florida law clearly establishes that a non-party in the lower tribunal is a stranger to the record and, therefore, lacks standing to appeal an order entered by the lower tribunal.” (internal quotation marks omitted) (quoting Portfolio Invs. Corp. v. Deutsche Bank Nat’l Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012))).
Dismissed.
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Citator
Authorities Cited
- Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 534 (Fla. 3d DCA 2012)
- Musarrat Batool v. Prime Int'l Props. Duval, LLC, 306 So. 3d 217 (Fla. 5th DCA 2022)