What Legal Grounds May Permit a Non-Party to Intervene in a Pending Lawsuit?

Under Rule 1.230 of the Florida Rules of Civil Procedure , “anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention[.]”  

It is well-settled that leave to intervene shall be given freely when justice so requires and is greatly favored in Florida. See National Wildlife Fed’n Inc. v. Glisson, 531 So.2d 996, 997 (Fla. 1st DCA 1988) (“Intervention should be liberally allowed.”); Miracle House Corp. v. Haige, 96 So.2d 417, 418 (Fla. 1957).  "A proposed intervenor's interest may be in the entire suit, or some part thereof."  See Glisson, 531 So. 2d at 998.   

Intervention should be allowed when the intervenor claims an interest in the matter in litigation, and “‘of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.’”  Litvak v. Scylla Properties, LLC, 946 So. 2d 1165, 1172 (Fla. 1st DCA 2006)(quoting Union Cent. Life Ins. Co. v. Carlisle, 593 So.2d 505, 507 (Fla. 1992)).

Joel Ewusiak has represented non-parties seeking to intervene in pending lawsuits.   Please contact Joel for legal assistance with your particular matter.