Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Gabor SIMMONDS, Appellant, v. IN RE: Grace OLAECHEA vs. Lizette Olaechea, Appellee.
We dismiss the instant appeal for lack of jurisdiction. Gabor Simmonds seeks review of the trial court's order denying a motion to vacate final judgment, which was entered against his wife, Lizette Olaechea, on February 22, 2018. The final judgment was affirmed by this Court in Olaechea v. Olaechea, 260 So. 3d 387 (Fla. 3d DCA 2018). Simmonds was never named as a party nor did he move to intervene in the lower court proceedings. As such, Simmonds lacks standing to pursue the instant appeal. Edwards v. CIT Bank, N.A., 2020 WL 3067532, at *2 (Fla. 3d DCA June 10, 2020) (“Florida law clearly establishes that ‘a non-party in the lower tribunal ․ lacks standing to appeal an order entered by the lower tribunal.’ ” (citing Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012))); Hood v. Union Planters Bank, 941 So. 2d 1175, 1176 (Fla. 1st DCA 2006) (“Appellant ․ has no standing to appeal this foreclosure because he was not one of the parties named below, and made no effort to intervene.”); Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 4th DCA 1997).
Appeal dismissed.
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D20-927
Decided: October 28, 2020
Court: District Court of Appeal of Florida, Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)