Florida District Courts of Appeal, 1989

Frangesh v. Schwartz

Frangesh v. Schwartz
Florida District Courts of Appeal · Decided September 6, 1989 · Dell, Glickstein, Hersey
548 So. 2d 299; 14 Fla. L. Weekly 2085; 1989 Fla. App. LEXIS 4901; 1989 WL 101272 (Southern Reporter, Second Series)

Frangesh v. Schwartz

Opinion of the Court

PER CURIAM.

Appellants moved to intervene in appel-lees’ dissolution proceeding to establish a lien against the marital home. Fields v. Fields, 35 So.2d 722 (Fla. 1948) and Picchi v. Picchi, 100 So.2d 627 (Fla. 1958), cited by appellants, do not support the argument that the trial court abused its discretion when it denied their motion to intervene. In Fields, the wife moved to bring in aft additional party in an effort to clear title to a parcel of marital property. In Picchi, the wife sought to join two corporations she claimed were the husband’s alter-ego. Here, neither party sought joinder of appellants. Based on the record before us, we hold that the trial court did not abuse its discretion when it denied appellants' motion to intervene. Accordingly, we affirm.

AFFIRMED.

HERSEY, C.J., and DELL, J., concur. GLICKSTEIN, J., concurs specially with opinion.

Concurring Opinion

GLICKSTEIN, Judge,

concurring specially.

Had I been the trial judge, I might have permitted this intervention in the interest of judicial economy. Nevertheless, I concur in the affirmance.

Grant or denial of intervention is a matter within the discretion of the court, and appellants have not made a convincing showing that this discretion has been abused.

Moreover, appellants have available another avenue; they may pursue their claim by initiating a separate action.

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