ANDRESIX CORPORATION, APPELLANT,
v.
PEOPLES DOWNTOWN NATIONAL BANK, ETC., ET AL., APPELLEES; PEOPLES DOWNTOWN NATIONAL BANK, APPELLANT, V. F. ALLEN BLISS, ANDRESIX CORPORATION, ET AL., APPELLEES
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PER CURIAM.
We affirm the trial court’s order denying the motion to intervene filed by Andresix Corporation upon a holding that Andresix, as a purchaser of property which was then the subject of a mortgage foreclosure action and accompanying lis pendens by Peoples Downtown National Bank, was not entitled to intervene in such action. Greenwald v. Graham, 100 Fla. 818, 130 So. 608 (1930); Intermediary Finance Corporation v. McKay, 93 Fla. 101, 111 So. 531 (1927); Peninsular Naval Stores Company v. Cox, 57 Fla. 505, 49 So. 191 (1909). See O’Bryan v. Dr. P. Phillips & Sons, Inc., 123 Fla. 302, 166 So. 820 (1936). Cf. Nelson Bullock Co. v. South Down Development Co., 132 Fla. 495, 181 So. 365 (Fla.1938); Freligh v. Maurer, 111 So. 2d 712 (Fla. 2d DCA 1959); Dutcher v. Haines City Estates, Inc., 26 F. 2d 669 (5th Cir. 1928) (intervention appropriate where lis pendens filed by party with inchoate claim to interest in property, but without prior recorded lien, and proposed intervenor asserts superior interest in property). The stay of the foreclosure action entered by the trial court pending this review is vacated.
Affirmed in Case No. 81-1691; stay vacated in Case No. 81-2205.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087 (Fla. 2d DCA 2015)…roperty after a lis pendens had been filed in the bank’s foreclosure action or after the bank’s mortgage had been duly recorded and the purchaser had actual or constructive notice of bank’s litigation); Andresix Corp. v. Peoples Downtown Nat’l Bank, 419 So. 2d 1107, 1107 (Fla. 3d DCA 1982) (“We affirm the trial court’s order denying the motion to intervene filed by Andresix Corporation upon a holding that Andresix, as. a purchaser of property which was then the subject of a mortgage foreclosure action and acco…
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Vera de Sousa for Vag Land Tr. 1 v. JP Morgan Chase, N.A., 170 So. 3d 928 (Fla. 4th DCA 2015)…rchaser pendente lite is bound by the judgment or decree rendered against the party from whom he makes the purchases as much so as though he had been a party to the judgment or decree [*930] himself.”); Andresix Corp. v. Peoples Downtown Nat’l Bank, 419 So. 2d 1107, 1107 (Fla. 3d DCA 1982) (“We affirm the trial court’s order denying the motion to intervene filed by Andresix Corporation upon a holding that Andresix, as a purchaser of property which was then the subject of a mortgage foreclosure action and accom…
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Bymel v. Bank OF Am., N.A., 159 So. 3d 345 (Fla. 3d DCA 2015)…claims that he has an interest in the pending litigation because he is the current owner of the real property that is the [*347] subject of Bank of America’s foreclosure action. We recognize that in Andresix Corp. v. Peoples Downtown National Bank, 419 So. 2d 1107 (Fla. 3d DCA 1982), this Court affirmed the denial of Andre-six’s motion to intervene in a pending foreclosure action, holding that “Andresix, as a purchaser of property which was then the subject of a mortgage foreclosure action and accompanying li…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Greenwald v. Graham, 100 Fla. 818 (Fla. 1930)
- The Peninsular Naval Stores Co. v. Cox, 57 Fla. 505 (Fla. 1909)
- Intermediary Fin. Corp. v. McKay, 93 Fla. 101 (Fla. 1927)
- O'Bryan v. Dr. P. Phillips & Sons, Inc., 123 Fla. 302 (Fla. 1936)
- The Nelson Bullock Co. v. S. Down Dev. Co., 132 Fla. 495 (Fla. 1938)
- Freligh v. Maurer, 111 So. 2d 712 (Fla. 2d DCA 1959)
- Dutcher v. Haines City Ests., Inc., 26 F.2d 669 (5th Cir. 1928)