SAIL AMERICA COMMEMORATIVE, INCORPORATED
v.
BANK OF AMERICA, N.A.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party seeking intervention in litigation shares the same ultimate objective as an existing party is presumed to be adequately represented by that party unless the intervenor demonstrates adversity of interest, collusion, or nonfeasance.
[1] A party seeking intervention in litigation that shares the same ultimate objective as an existing party is presumed to be adequately represented by that existing party un…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Where 'the party seeking to intervene has the same ultimate objective as a party to the suit, the existing party is presumed to adequately represent the party seeking to intervene unless that party demonstrates adversity of interest, collusion, or nonfeasance.'”
Standard for determining adequacy of representation in intervention cases
Sail America Commemorative, Incorporated appealed from a circuit court decision in Miami-Dade County.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adequacy Of Representation cases and more on FLexlaw
Opinion filed March 20, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1798 Lower Tribunal No. 16-22203
________________
Sail America Commemorative, Incorporated,
Appellant,
vs.
Bank of America, N.A.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge. Elliot L. Miller, for appellant. Liebler, Gonzalez & Portuondo, and Tricia J. Duthiers, for appellee. Before SCALES, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See Troncoso v. Larrain, 307 So. 3d 965, 967 (Fla. 3d DCA 2020) (noting abuse of discretion standard and explaining that “[w]here ‘the party seeking to intervene has the same ultimate objective as a party to the suit, the existing party is presumed to adequately represent the party seeking to intervene unless that party demonstrates adversity of interest, collusion, or nonfeasance.’”) (quoting M2 Tech., Inc. v. M2 Software, Inc., 589 F. App’x. 671, 675 (5th Cir. 2014)).