Dickstein v. Danians North Condo., Inc.
Docket: No. 90-2559
Court: District Court of Appeal of Florida; October 23, 1991; Florida; State Appellate Court
The court has reversed the trial court's decision, determining that the "interest of justice" necessitates allowing the appellant to intervene after judgment. Citing Wags Transp. Sys. v. City of Miami Beach, the court found that disputed material facts were present, which led to an error in granting final summary judgment, as per Florida Rule of Civil Procedure 1.510(c). On remand, the trial court is instructed to vacate the final summary judgment and the orders that denied the appellant's petition to intervene and motion to vacate the judgment. The trial court is directed to grant the appellant’s petition and motion accordingly. Judges Hersey, Gunther, and Garrett concur with this decision.