Denial of Intervention is Final Appealable Order

If a third party seeks to intervene in a state court lawsuit, is the denial of the motion to intervene a final, appealable order? The Court in Superior Fence and Rail of North Florida v James O. Lucas, No. 5D09-4213 (May 14, 2010)(en banc)[.pdf] says yes. Receding from prior opinions requiring such review to be accomplished by certiorari, the Court explained that “an order denying a motion to intervene is appealable as a matter of right, by plenary appeal, because the order constitutes a final determination of the proceeding as to the parties seeking to intervene.” In a footnote, the Court noted that the granting of a motion to intervene is still an interlocutory order reviewable by writ of certiorari.

This pronouncement did not do much for the Appellant, however. The Court affirmed the trial court’s denial of the Appellant’s motion to intervene.

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