Can You Intervene in a Case You Did Not File? The Answer Will Surprise You!

Imagine you’re one of the owners of a property, and one of your co-owners is embroiled in a legal dispute concerning the shared property. Is it possible for you to intervene in that lawsuit?

The answer to this question is provided directly by the Florida Rule of Civil Procedure 1.230. Rule 1.230 states that,“[a]nyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion.” So, as the plain text of Rule 1.230 states, you may intervene if you have “an interest in the pending litigation.”

However, it cannot be just any interest. The Fourth District Courts of Appeal, interpreting rule 1.230, has held that “[t]he interest must be direct and immediate, and the intervenor must show that he or she will gain or lose by the direct legal operation and effect of the judgment.” Farese v. Palm Beach Partners, Ltd., 781 So. 2d 419, 421 (Fla. 4th DCA 2001).

In deciding whether or not to allow intervention by a party, courts consider a number of factors, “including the derivation of the interest, any pertinent contractual language, the size of the interest, the potential for conflicts or new issues, and any other relevant circumstance.” Lexington Ins. Co. v. James, 295 So. 3d 367, 371 (Fla. 1st DCA 2020). “Second, the court must determine the parameters of the intervention. … Thus, intervention should be limited to the extent necessary to protect the interests of all parties.” Id.

For more information on a motion to intervene, contact one of our experienced litigation attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com. 

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.