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The post below was published on Wednesday, October 20th, 2010 at 10:22 AM.

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Fifth District: Intervention & Lis Pendens

The 2008 version of this statute barred holders of unrecorded interests in real property from enforcing those interests if they do not intervene in pending litigation within twenty days of the filing and recording of a notice of lis pendens, assuming the property is later sold at a judicial sale. Considering that rule 1.230 gives interested parties the right to intervene “at any time” during litigation, which provision controls in the context of a real property dispute — the 20-day limitation in the statute or the “any time” right provided by the rule?

The issue arose in this case. The appellant argued that the rule should control because the statute amounts to an unconstitutional infringement on the judiciary’s authority to adopt procedural rules. The Fifth District rejected that argument, holding that the statute is substantive and thus within the legislature’s purview.

It may be worth noting that the current version of the statute provides for a 30-day intervention period.

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