TOOTIE DISCOUNT PALACE, LLC, APPELLANT,
v.
PTX PERFORMANCE PRODUCTS, INC., HUY INTERNATIONAL, INC,, A FLORIDA CORPORATION, AND GLOBAL BRAND CLOSEOUT, LLC, A FLORIDA LIMITED LIABILITY COMPANY, APPELLEES
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The court held that the trial court did not abuse its discretion in denying a post-judgment motion to intervene because an alternative statutory procedure was available to protect the movant's interest.
Appellant sought to intervene in a case post-judgment. The trial court denied the motion. Appellant also raised an issue regarding attorneys' fees.…
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The trial court did not abuse its discretion in denying Appellant’s motion to intervene post-judgment. Such motions are not appropriate when there is an alternative procedure that is available to protect the interest of the moving party. De Sousa v. JP Morgan Chase, N.A., 170 So.3d 928, 931 (Fla. 4th DCA 2015). Here, Appellant had available to it section 56.16, Florida Statutes (2015), which provides that “any person other than the defendant in execution [who] claims any property levied on ... may obtain possession of the property” by following certain procedures.1 Because Appellant had this alternate procedure available to it, Appellant’s motion to intervene was inappropriate and properly denied.
We dismiss Appellant’s issue regarding attorneys’ fees as not yet ripe; the trial court merely reserved jurisdiction to assess future attorneys’ fees and did not actually make a grant of fees. See Winkelman v. Toll, 632 So,.2d 130, 131-32 (Fla. 4th DCA 1994). Ño motion for fees was made in this Court, so no appellate attorneys’ fees should be awarded.
Affirmed in part; dismissed in part.
STEVENSON, GROSS and FORST, JJ., concur.
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Citator
Authorities Cited
- Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994)
- Vera de Sousa for Vag Land Tr. 1 v. JP Morgan Chase, N.A., 170 So. 3d 928 (Fla. 4th DCA 2015)