Legal Opinion

Vogel v. Smith

District Court of Appeal of Florida

Decided June 12, 1979No. 79-16PublishedCited by 1 opinion

1Opinion of the Court

KEHOE, Judge.

Appellant/plaintiff takes this interlocutory appeal from a non-final order directing the release of $3500 from the registry of the Circuit Court to a non-party movant. We reverse.

The trial court committed reversible error by authorizing the release of monies deposited in the court registry to one who was not a party to the action below. A non-party had no standing to make such a motion:

“ ‘Persons who are not parties of record to a suit have no standing therein which will enable them to take part in or control the proceedings. If they have occasion to ask relief in relation to the…

2Cases cited3 opinions

  1. Warshaw-Seattle, Inc. v. ClarkSupreme Court of Florida · 1955
  2. Coral Bay Prop. Own. Ass'n v. City of Coral GablesDistrict Court of Appeal of Florida · 1974
  3. Buckley Towers Condominium, Inc. v. MillisDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. Hidden Wealth, Inc. v. Royal Petroleum, Inc.District Court of Appeal of Florida · 1984

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