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3rd DCAMay 8, 2019Reversed and Remanded⭐ Notable

Larra in Troncoso v. Ossand on Larra in

Case No. 19-0393

The trial court summarily denied a Rule 1.230 motion to intervene, canceling a previously special-set hearing hours after the opponent filed its response, and denied rehearing without a hearing or any findings. The Third DCA reversed, holding that where the record appears to support the requisite direct and immediate interest under Union Central Life Insurance Co. v. Carlisle, the combination of no hearing and no articulated findings precludes meaningful appellate review and requires reversal.

Key facts

  • Larrain Troncoso sought to intervene in litigation involving Ossandon Larrain under Florida Rule of Civil Procedure 1.230.
  • The trial court summarily denied the motion to intervene without conducting a hearing, canceled a previously scheduled hearing on the motion hours after the opponent filed its response, and denied the subsequent motion for rehearing without a hearing or written findings.
  • +2 more key facts with a free trial

Why it matters

Gives counsel a citable rule that summary, unexplained denials of intervention cannot survive review when the record facially supports intervention and no hearing was held collecting Farese and Ownby alongside… — full analysis with a trial

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