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Davide v. Eastern National Bank

Citations: 138 So. 3d 1129; 2014 WL 1921322; 2014 Fla. App. LEXIS 7124Docket: No. 3D12-2934

Court: District Court of Appeal of Florida; May 14, 2014; Florida; State Appellate Court

Narrative Opinion Summary

The appeal by Anthony L. Davide is dismissed due to lack of standing, as he is not a beneficiary of the land trust involved in the case. According to Florida Rule of Appellate Procedure 9.020(g)(1), an “Appellant” must be a party to the proceedings. Citing case law, it is established that a non-party in the lower tribunal is considered a “stranger to the record” and therefore lacks the standing to appeal. The court refers to previous rulings to support this conclusion. The appeal is officially dismissed.

Legal Issues Addressed

Definition of Appellant under Florida Rule of Appellate Procedure 9.020(g)(1)

Application: The rule requires that an appellant must be a party to the proceedings, which Anthony L. Davide was not.

Reasoning: According to Florida Rule of Appellate Procedure 9.020(g)(1), an “Appellant” must be a party to the proceedings.

Non-Party Status in Lower Tribunal

Application: The court reiterated that a non-party in the lower tribunal is considered a 'stranger to the record' and lacks standing to appeal.

Reasoning: Citing case law, it is established that a non-party in the lower tribunal is considered a 'stranger to the record' and therefore lacks the standing to appeal.

Standing to Appeal

Application: The court dismissed the appeal because Anthony L. Davide, as a non-party to the proceedings, lacked standing under Florida Rule of Appellate Procedure 9.020(g)(1).

Reasoning: The appeal by Anthony L. Davide is dismissed due to lack of standing, as he is not a beneficiary of the land trust involved in the case.