Friday, June 5, 2009

Basis to Deny Intervention

In reversing the trial court's decision not to allow a party to intervene, the Fifth District went through a couple of scenarios that would prevent a party from intervening. The decision is Ownby v. Citrus County, Florida (5D07-4102 & 5D08-44) and the court stated:
However, we do conclude that the trial court abused its discretion in denying the motion to intervene. Intervention is ordinarily liberally allowed absent some valid reason for denial. Department of Children and Family Services v. Brunner, 707 So.2d 1197, 1198 (Fla. 1st DCA 1998). Here, the trial court gave no reason for denying the intervention and none is apparent to us. The case met all the criteria for class certification except the adequacy of the proffered representative. The intervening parties were members of the very large, putative class. Although the litigation had been pending for some time, the case had not been set for trial, and there is no indication that the intervention would delay the proceeding.


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