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Leslie K. Harris v. Bristol Lakes Homeowners Association

December 21, 2011

LESLIE K. HARRIS, APPELLANT,
v.
BRISTOL LAKES HOMEOWNERS ASSOCIATION, INC., ABERDEEN PROPERTY OWNERS ASSOCIATION, INC., AND ABERDEEN GOLF & COUNTRY CLUB, INC., APPELLEES.



Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No. 2005CA012002.

Per curiam.

Leslie Harris, an owner in Bristol Lakes Homeowners' Association, appeals from an order denying her motion for reconsideration of a final order dismissing with prejudice a case between Bristol Lakes and Aberdeen Property Owners Association based upon settlement. Harris had filed a motion to intervene in the action a week prior to the order of dismissal which was not ruled upon prior to entry of the final order. She then filed a motion for reconsideration of the order of dismissal based upon her pending motion to intervene. The trial court denied the motion without prejudice to Harris filing an independent claim against Bristol on the issues she raised, and Harris appeals. We affirm, as the trial court did not abuse its discretion in denying the motion to reconsider the order of dismissal because of the pending late-filed motion to intervene. See Havanatur, S.A. v. 747 Travel Agency, Inc., 463 So. 2d 404, 405 (Fla. 3d DCA 1985). As noted in Havanatur, "'[T]he general rule-universally-is that intervention may not be allowed after final judgment,' save ' 'in the interests of justice' ', Dickinson v. Segal, 219 So.2d 435, 436-37 (Fla. 1969) (emphasis omitted) and cases collected; and there is no showing that the interests of justice required this intervention." 463 So. 2d at 405.

Affirmed.

WARNER, POLEN, JJ., and EHRLICH, MERRILEE, Associate Judge, concur.

Not final until disposition of timely filed motion for rehearing.

20111221

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