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1.210 280 Outline

Law Outlines > Florida Civil Practice Outlines

This is an extract of our 1.210 280 document, which we sell as part of our Florida Civil Practice Outlines collection written by the top tier of Barry University School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Florida Civil Practice Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Rule 1.210

Rule 1.230

every action may be prosecuted in name of real party in interest, but a PR

(a) Generally

may sue in persons own name without joining party for whose benefit action is brought.

all persons with interest in subject of action & obtaining relief demanded may join as
πs & any person may be made ∆ who has or claims interest adverse to π.

any person at any time may be made a party if their presence is necessary/proper to complete determination of cause

when minor/IP has a rep.,
such as guardian or other like fiduciary, rep. may sue or defend on their behalf.

(b) Minors &
Persons (IP)

Goal of rule: accomplish objectives of efficient,
complete expeditious &
final determination of disputes w/out duplicative litigation.

if no rep., may sue by next friend or GAL.

Trustee of express trust,
party in whose name contract has been made for benefit of another,
or party expressly authorized by statute,
Permissive Joinder

persons with united interests may be joined on same side as π or ∆, & anyone who refuses to join may for such reason be made a ∆

necessary & proper parties are those who have an interest in a suit & ought to be made parties, but do not have to be joined before a
final decision may be rendered.
may be necessary but are not indispensable

--> suit can be brought as person who as a matter of real party in interest or substantive law has the rights nominal rep. party which are sought to be enforced.

--> interested party & rep party cannot simultaneously sue in their own names for same claim.

Purpose: allowing liberal joinder of parties to accomplish objective & efficient determination of disputes w/out duplicative litigation.

anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, shall be in subordination to & in recognition of proprietary of main proceeding,
unless otherwise ordered by court in its discretion.

intervene for an interest in the matter of litigation, such that the intervenor will either gain or lose by the direct legal operation & effect of judgment.

Test of "liberality"
- size of interest
- potential for conflict or new interest
- source of interest
- if in pleading stage, requisite factors exist, & nonparty seeking intervention assures court that its participation will not delay or disrupt proceedings, it is abuse of discretion to deny intervention.

application must be made to court for intervention.

inconsequential, or contingent interests do not qualify

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