Florida District Courts of Appeal, 1976

Glenn E. McCormick Co. v. Hill York Broward, Inc.

Glenn E. McCormick Co. v. Hill York Broward, Inc.
Florida District Courts of Appeal · Decided November 12, 1976 · Downey, James, Mager, Stewart
338 So. 2d 1322; 1976 Fla. App. LEXIS 15865 (Southern Reporter, Second Series)

Glenn E. McCormick Co. v. Hill York Broward, Inc.

Opinion of the Court

PER CURIAM.

Upon review and due consideration of the briefs, oral argument and the record on appeal we are of the opinion that the totality of the circumstances demonstrates that the appellant should have been permitted to intervene in the proceedings below in furtherance of its asserted interest in the subject matter. Cf. Wags Transportation System v. City of Miami Beach, 88 So.2d 751 (Fla. 1956); Miller v. Townhouse Development Corp., 178 So.2d 730 (Fla.2d DCA 1965). Accordingly, the order denying intervention is vacated and set aside and the cause remanded for further proceedings consistent herewith.

MAGER, C. J., DOWNEY, J., and STEWART, JAMES R., Jr., Associate Judge, concur.

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