SOUTH PALM BEACH INVESTMENTS INC v. REGATTA TRADING LIMITED (2001)

District Court of Appeal of Florida,Fourth District.

SOUTH PALM BEACH INVESTMENTS, INC., a dissolved Florida corporation; Lauri Holmaranta, individually and as Surviving Director and Trustee of South Palm Beach Investments, Inc., a dissolved Florida corporation; Appellants, v. REGATTA TRADING LIMITED, an Isle of Man corporation, Pentti Laksonen; the Unknown Spouse of Pentti Laksonen, if any; Marco Majas, and All Parties in Possession; and All Unknown Parties Claiming By, Through, Under and Against the Herein Named Individual Defendant(s) Who are Not Known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants; Appellees.

No. 4D00-3958.

Decided: May 23, 2001

Christian N. Scholin of Mollica & Scholin, P.A., West Palm Beach, for appellants. Edward A. Marod of Edward A. Marod, P.A., West Palm Beach, for appellee Regatta Trading Limited.

Appellee brought a foreclosure action against the owner of the property in question. Appellants, who had previously conveyed all their rights and interests in the property to the owner, filed an emergency motion to intervene. The court denied the motion, and appellants filed this appeal. We hold the trial court did not abuse its discretion in denying their motion. Appellee was seeking only to foreclose the mortgage, not a deficiency judgment. Having no rights nor interest in the property, appellants were not proper parties to this foreclosure suit. See Mitchell v. Fed. Nat'l Mortgage Ass'n, 763 So.2d 358, 359 (Fla. 4th DCA 1998)(citing Dennis v. Ivey, 134 Fla. 181, 185, 183 So. 624, 626 (1938)).

AFFIRMED.

PER CURIAM.

POLEN, GROSS and TAYLOR, JJ., concur.

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