METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
OUTRIGGER CLUB, INC., A FLORIDA CORPORATION, AND CITY OF NORTH MIAMI, A MUNICIPAL CORPORATION, APPELLEES
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[*154] PER CURIAM.
On consideration of the interlocutory appeal taken by Metropolitan Dade County from an order of the trial court denying its petition to intervene in a suit between the Outrigger Club, Inc. and the City of North Miami, Florida, it is the opinion of this court that permission to intervene under Rule 1.230, RCP should have been granted to Dade County as the overriding issue to be resolved in this controversy is the entitlement of Outrigger to tie in and utilize the sewer lines of the City of North Miami. It has been acknowledged by Outrigger that the County has certain authority and control over such sewage lines.1 Accordingly, the order denying the petition to intervene is reversed with directions to permit such intervention. See Kearney v. Saline, Fla.App.1968, 208 So. 2d 650, and Metropolitan Dade County v. Rosell Construction Corporation, Fla.App.1974, 297 So. 2d 46.
Reversed.
. Outrigger Club, Inc. v. Metropolitan Dade County, Circuit Court Case No. 73-1043
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moshe Kremnitzer v. Kremnitzer, 358 So. 2d 72 (Fla. 3d DCA 1978)…hat portion of the appeal is, therefore, moot. The trial court committed error in denying the petition to intervene and in proceeding with a partial distribution. See Fla.R.Civ.P. 1.210(a). See also Metropolitan Dade County v. Outrigger Club, Inc., 314 So. 2d 153 (Fla. 3d DCA 1975). It also follows that the trial judge erroneously ordered the partial distribution before the ownership of the fund was decided. Reversed and remanded for further proceedings in accordance with the views herein expressed. Revers…
Authorities Cited
- Kearney v. Lindon E. Saline, 208 So. 2d 650 (Fla. 1st DCA 1968)
- Taite v. Busbee, 208 So. 2d 650 (Fla. 1st DCA 1968)
- Metro. Dade Cnty. v. Rosell Constr. Corp., 297 So. 2d 46 (Fla. 3d DCA 1974)