American Mortgage Solutions, LLC v. Fresh Brix Properties, LLC, et al.
The Third DCA granted certiorari and quashed two post-judgment trial court orders — one granting intervention to a third party and one setting aside a final foreclosure judgment — on the grounds that post-judgment intervention is generally prohibited and a post-lis pendens purchaser has no standing to intervene or seek Rule 1.540 relief.
Key facts
- WRCOF Trust filed a mortgage foreclosure complaint and notice of lis pendens against Fresh Brix Properties and others in 2020; American Mortgage was later substituted as plaintiff after acquiring WRCOF Trust's interest.
- The trial court entered final judgment of foreclosure on October 20, 2023, and subsequently entered amended judgments scheduling a sale for August 12, 2024, then October 21, 2024.
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Holdings
- Post-judgment intervention under Rule 1.230 is generally not allowed; granting it is a departure from the essential requirements of law.
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