SOUTH PALM BEACH INVESTMENTS, INC., A DISSOLVED FLORIDA CORPORATION; LAURI HOLMARANTA, INDIVIDUALLY AND AS SURVIVING DIRECTOR AND TRUSTEE OF SOUTH PALM BEACH INVESTMENTS, INC., A DISSOLVED FLORIDA CORPORATION; APPELLANTS,
v.
REGATTA TRADING LIMITED, AN ISLE OF MAN CORPORATION, PENTTI LAKSONEN; THE UNKNOWN SPOUSE OF PENTTI LAKSONEN, IF ANY; MARCO MAJAS, AND ALL PARTIES IN POSSESSION; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; APPELLEES
SOUTH PALM BEACH INVESTMENTS, INC., A DISSOLVED FLORIDA CORPORATION; LAURI HOLMARANTA, INDIVIDUALLY AND AS SURVIVING DIRECTOR AND TRUSTEE OF SOUTH PALM BEACH INVESTMENTS, INC., A DISSOLVED FLORIDA CORPORATION; APPELLANTS,
REGATTA TRADING LIMITED, AN ISLE OF MAN CORPORATION, PENTTI LAKSONEN; THE UNKNOWN SPOUSE OF PENTTI LAKSONEN, IF ANY; MARCO MAJAS, AND ALL PARTIES IN POSSESSION; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; APPELLEES
789 So. 2d 396
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellee brought a foreclosure action against the owner of the property in question. Appellants, who had previously conveyed all their rights and interests in the property to the owner, filed an emergency motion to intervene. The court denied the motion, and appellants filed this appeal. We hold the trial court did not abuse its discretion in denying their motion. Appel-lee was seeking only to foreclose the mortgage, not a deficiency judgment. Having no rights nor interest in the property, appellants were not proper parties to this foreclosure suit. See Mitchell v. Fed. Nat’l Mortgage Ass’n, 763 So. 2d 358, 359 (Fla. 4th DCA 1998)(citing Dennis v. Ivey, 134 Fla. 181, 185, 183 So. 624, 626 (1938)).
AFFIRMED.
POLEN, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sudhoff v. Fed. Nat'l Mortg. Ass'n, 942 So. 2d 425 (Fla. 5th DCA 2006)…rtgaged property to other parties ... [are not] necessary ... parties to a suit to foreclose unless a deficiency decree is sought.” Dennis v. Ivey, 134 Fla. 181, 185, 183 So. 624 (1938); see also South Palm Beach Invs., Inc. v. Regatta Trading Ltd., 789 So. 2d 396 (Fla. 4th DCA 2001) (affirming where appellants “had previously conveyed all their rights and interests in the property to the owner”); Mitchell v. Fed. Nat’l Mortgage Ass’n, 763 So. 2d 358, 358-59 (Fla. 4th DCA 1998) (affirming where appellant had…
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Viktoria Benkovitch v. U.S. Bank Nat'l Ass'n (Fla. 3d DCA 2024)
Authorities Cited
- Dennis v. Ivey, 134 Fla. 181 (Fla. 1938)
- Marzell Mitchell, Jr. v. Fed. Nat'l Mortg. Ass'n, 763 So. 2d 358 (Fla. 4th DCA 1998)