HECTOR RIVAS
v.
PROFESSIONAL PROTECTION & INVESTIGATIONS AGENCY, INC.

Fla. 3d DCA | 2023-03-22
No. 22-1132
Olson, J.
Florida District Court of Appeal, Third District (2023) Negative Treatment
Cited by 23 cases

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Holding

A non-party to the lower tribunal proceedings lacks standing to appeal an order entered by that tribunal.


Headnotes

[1] A non-party to proceedings in the lower tribunal is a stranger to the record and lacks standing to appeal an order entered by that tribunal.

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Key Quotes

“[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 citing Portfolio Invs. Corp. v. Deutsche Bank Nat. Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012)

Facts & Procedural History

Hector Rivas appealed an order from the Circuit Court for Miami-Dade County in a case involving Professional Protection & Investigations Agency, Inc.…

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Opinion of the Court

PER CURIAM.

Dismissed. See Fla. R. App. P. 9.020(g)(1) (defining “appellant” as “[a]

party who seeks to invoke the appeal jurisdiction of a court”); Credit Indus.

Co. v. Remark Chem. Co., 67 So. 2d 540, 541 (Fla. 1953) (quoting 16 Am.

Jur., Declaratory Judgments) (“In accordance with the fundamental rule that

to be entitled to appeal a person must be aggrieved by the judgment, an

appeal from a . . . judgment will be dismissed where there is nothing in it

prejudicial to the claimed rights of the appellant.”); Portfolio Invs. Corp. v.

Deutsche Bank Nat. Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012) (quoting

Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 4th DCA 1997)) (“[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.”).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (23 total)

  • N. Shore Bank v. Town of Surfside, 72 So. 2d 659 (Fla. 1954)
    …e final decree. As has been heretofore recited, the decree was wholly in its favor and granted completely the relief sought. This appeal must be, and therefore is, dismissed on the authority of Credit Industrial Co. v. Remark Chemical Co., Fla.1953, 67 So. 2d 540. Boehrer, in his appeal, urges that Chapter 75, Florida Statutes 1953, F.S.A., affords an exclusive method of determining the validity of bonds of public bodies and that there is no authority in the lower court to enter the decree appealed from. T…
  • Fay S. Paul v. Risa Bonnie Kanter & the Hertz Corp., 155 So. 2d 402 (Fla. 3d DCA 1963)
    …. The motion was denied and this appeal followed. Ordinarily, a party may only appeal from a judgment that is adverse to him. See Peterson v. State, 158 Fla. 406, 28 So. 2d 868, 870; Credit Industrial Co., Ltd. v. Re-Mark Chem. Co., Inc., Fla.1953, 67 So. 2d 540. An exception is allowed in the instance of the denial of a motion fc_ new trial upon the grounds of inadequacy of the verdict. See Guarria v. State Road Dep’t. of Fla., Fla.App.1960, 117 So. 2d 5. One of the firmest principals of appellate procedur…
  • City OF Coral Gables v. Puiggros, 376 So. 2d 281 (Fla. 3d DCA 1979)
    …. Puiggros has raised these questions through the medium of a “cross-appeal” of the judgment below. Since that judgment was wholly in his favor, such a cross-appeal, as a technical matter, does not lie. Credit Industrial Co. v. Re-Mark Chemical Co., 67 So. 2d 540 (Fla.1953). We have, however, considered the briefs filed on behalf of the “cross-appellant” as supplements to his answer brief as appellee in the main appeal, seeking affirmance, as he has a perfect right to do, on grounds other than those stated i…

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