Thursday, May 20, 2010

Denial Of Motion To Intervene Is Reviewed As A Final Order

In Superior Fence & Rail of North Florida, Inc., et al v. Lucas, et al (5D09-4213), the Fifth District, sitting en banc, clarified that an order denying a motion to intervene is reviewable as a final order.  The court stated:
We take this opportunity to clarify decisional law from this Court regarding whether the denial of a motion to intervene is reviewed by certiorari or appeal....We believe that an order denying a motion to intervene is appealable as a matter of right, by plenary appeal, because the order constitutes a final determination of the proceeding as to the parties seeking to intervene.
Additionally, in a footnote the court stated: "Conversely, an order granting intervention is necessarily interlocutory and can only be reviewed by certiorari."


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