JOSEPH BEELER, P.A., APPELLANT,
v.
BANCO INDUSTRIAL DE VENEZUELA, ETC., ET AL., APPELLEES
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Joseph Beeler, P.A. appealed the trial court's denial of its motion to intervene in an employment dispute between its client (Ezperanza de Saad) and Banco Industrial de Venezuela. The court reversed, holding that Beeler had a sufficiently direct and immediate financial interest in the litigation to warrant intervention as an assignee of the client's claims.
Beeler had a sufficiently direct and immediate financial interest in the litigation to entitle it to intervene. The interest must be in the matter in litigation and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment, which Beeler satisfied as an assignee with over one million dollars at stake.
[1] A party claiming an interest in pending litigation may intervene at any time, subject to the court's discretion.
[2] An interest entitling a party to intervene must be direct and immediate, such that the intervenor will gain or lose by the legal operation of the judgment.
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Join FLexlaw to unlock all legal intelligence“'[T]he interest which will entitle a person to intervene ... must be in the matter in litigation, and of such a direct and immediate character that the inter-venor will either gain or lose by the direct legal operation and effect of the judgment.”
Establishes the legal test for determining whether a party has sufficient interest to intervene in litigation.
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Join FLexlaw to unlock all legal intelligenceBeeler successfully defended Ezperanza de Saad on federal money laundering charges. Under their fee agreement, de Saad owed Beeler over one million do…
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FLETCHER, Judge.
Joseph Beeler, PA. [Beeler] appeals the denial of its motion to intervene in the instant action. For the reasons which follow, we reverse.
Beeler successfully defended Ezperanza de Saad on money laundering charges brought by the federal government. As a result, under their fee agreement, Ms. De Saad owes the firm over one million dollars in attorney’s fees and expenses. As part of the fee agreement, Ms. De Saad assigned to Beeler any rights she may have to sue her former employer, Banco Industrial de Venezuela [BIV]. Subsequent to the federal litigation, Ms. De Saad filed the instant action against BIV for breach of her employment contract and for indemnification. Approximately eight months into the proceedings, Beeler moved to intervene in the action and to stay proceedings for 30 days. BIV opposed the motion. After a hearing, the trial court denied Beeler’s motion after concluding that intervention “would only serve to impede the orderly progression and resolution” of the case.
Florida Rule of Civil Procedure 1.230 provides:
“Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion.”
The Florida Supreme Court has stated the test to determine an interest which entitles a party to intervene as
“ ‘[T]he interest which will entitle a person to intervene ... must be in the matter in litigation, and of such a direct and immediate character that the inter-venor will either gain or lose by the direct legal operation and effect of the judgment. In other words, the interest must be that created by a claim to the demand in suit or some part thereof, or a claim to, or hen upon, the property or some part thereof, which is the subject of litigation.’ ”
Union Central Life Ins. Co. v. Carlisle, 593 So. 2d 505, 507 (Fla.1992)(citing Morgareidge v. Howey, 75 Fla. 234, 238-39, 78 So. 14, 15 (1918)). In accordance with this test, appellate courts have approved intervention by a health insurer entitled to repayment of medical expenses in a lawsuit against a tortfeasor, Union Central, 593 So. 2d at 505; by the successful bidder in an action by another bidder challenging the bidding process against the county, John G. Grubbs, Inc. v. Suncoast Excavating, Inc., 594 So. 2d 346 (Fla. 5th DCA 1992); by a pledgee entitled to sums paid to pledgor of stock in an action against purchaser of stock, Citibank, N.A. v. Blackhawk Heating & Plumbing Co., 398 So. 2d 984 (Fla. 4th DCA 1981); and by a complaining property owner in an action to determine a school’s rights under a special use zoning ordinance. We conclude that Beeler’s interests herein are similar in nature, and that Beeler therefore is entitled to intervene in the action. We further respectfully disagree with the trial court’s conclusion that such intervention will impede the orderly progression of the litigation, which at the time of Beeler’s motion was in the early stages of discovery.
Accordingly, the order denying appellant’s motion to intervene is reversed, and the cause is remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Banco Indus. de Venezuela v. de Saad, 21 So. 3d 46 (Fla. 3d DCA 2009)…County Hous. Auth., 771 So. 2d 1193 (Fla. 4th DCA 2000). Affirmed.6 SALTER, J., concurs. . BIV counterclaimed for damages for expenses, attorney’s fees and costs incurred in the internal investigation. . See Beeler v. Banco Indus, de Venezuela, 834 So. 2d 952 (Fla. 3d DCA 2003). . The Delaware statute reads as follows: To the extent that a present or former director or officer of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in sub…
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de Saad v. Banco Indus. de Venezuela, 843 So. 2d 953 (Fla. 3d DCA 2003)…Intervene in This Appeal and to Vacate the Circuit Court's Order That is The Subject of This Appeal, are moot. Joseph Beeler, P.A.'s right to intervene at the trial court level was determined in Joseph Beeler, P.A. v. Banco Industrial de Venezuela, 834 So. 2d 952 (Fla. [*956] 3d DCA 2003). Beeler defended Ms. Be Saad on the underlying criminal charges, claims entitlement to in excess of one million dollars in attorney's fees and expenses, and, as part of their fee arrangement, Ms. De Saad assigned to Beeler…
Authorities Cited
- Morgareidge v. Howey, 75 Fla. 234 (Fla. 1918)
- Union Cent. Life Ins. Co. v. Carlisle, 593 So. 2d 505 (Fla. 1992)
- Med Rehab Therapy Ctr. Inc. v. Direct Gen. Ins. Co., 48 Fla. L. Weekly D1700 (Fla. 3d DCA 2024)
- Badger v. State, 398 So. 2d 984 (Fla. 1st DCA 1981)
- John G. Grubbs, Inc. v. Suncoast Excavating, Inc., 594 So. 2d 346 (Fla. 5th DCA 1992)