Summary
holding appellant had no ownership rights in the property and thus lacked standing, as she was not affected by the judgment below
Summary of this case from FCD v. South Fla. Sports CommitteeOpinion
No. 99-1106.
Opinion filed September 1, 1999.
An Appeal from the Circuit Court for Miami-Dade County, Alan L. Postman, Judge, L.T. No. 96-2106.
Sweetapple, Broeker Varkas, and Paul B. Feltman, for appellants.
Castillo, Stafford Wald, and Angel Castillo, Jr., for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and GREEN, JJ.
ON MOTION TO DISMISS
We grant Clara Posada's motion to dismiss appellants Karin Stas and Juan Mueller from the instant appeal for lack of standing. Appellant Karin Stas has no ownership interest in the property awarded to the plaintiff and, consequently, is not affected by the judgment entered below. With no interest at stake, she is precluded from seeking appellate review.See Credit Indus. Co. v. Remark Chem. Co., Inc., 67 So.2d 540 (Fla. 1953); King v. Brown, 55 So.2d 187 (Fla. 1951); Estate of Rose v. First Nat'l Bank of Miami, 165 So.2d 226 (Fla. 3d DCA 1964).
Appellant Juan Mueller was not a party below and made no effort to intervene in the action. Consequently, he too is precluded from seeking appellate review. See Forcum v. Symmes, 133 So. 88 (Fla. 1931); Barnett v. Barnett, 705 So.2d 63 (Fla. 4th DCA 1997); Orange County v. Game Fresh Water Fish Comm'n, 397 So.2d 411 (Fla. 5th DCA 1981); see also Marino v. Ortiz, 484 U.S. 301, 108 S.Ct. 586, 98 L.Ed.2d 629 (1988) (holding that, under the federal rules of procedure, nonparties aggrieved by a judgment should seek intervention for purposes of appeal, in the trial court, prior to filing an appeal); Wags Transp. Sys., Inc. v. City of Miami Beach, 88 So.2d 751 (Fla. 1956) (holding that nonparties may intervene in an action for appellate purposes after a judgment has been entered where justice so requires).
Accordingly, Karin Stas and Juan Mueller are hereby dismissed from the instant appeal.