Hartford Fire Insurance Co. v. School Board of Dade County
Hartford Fire Insurance Co. v. School Board of Dade County
Opinion of the Court
Hartford Fire Insurance, surety for Better Construction, Inc., appeals from an order denying its motion to intervene. For the following reasons, we reverse.
On March 25, 1995, with leave from the court, the School Board filed a third-party complaint against DNN Architects and Engineers, seeking indemnification. The pleadings were reopened, and the trial was continued. One month later, Hartford moved to intervene as a defendant.
The trial court denied the surety’s motion to intervene, and in so doing, abused its discretion. Fla.R.Civ.P. 1.230 provides that “[a]nyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention....” As surety, Hartford has an appropriate interest in the litigation arising from its contractual relationship with the parties. See, e.g., Union Cent. Life Ins. Co. v. Carlisle, 593 So.2d 505 (Fla. 1992). Hartford stresses in its briefs that it does not seek to inject new issues or conflicts into the proceedings, but simply to secure a judicial determination confirming its position as surety.
Hartford’s motion was not untimely.
Reversed and remanded for further proceedings consistent with this opinion.
. "Most of the Florida cases denying intervention as untimely involved motions filed after final judgment was entered.” Sweetwater Country Club Homeowners' Ass’n v. The Huskey Co., 613 So.2d 936, 938 (Fla. 5th DCA 1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.