Marilyn Weiderspan v. the Republic of Cuba
CourtDistrict Court of Appeal of Florida
Date FiledJuly 15, 2026
Docket3D2026-0088
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 15, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0088
Lower Tribunal No. 10-34487-CA-01
________________
Marilyn Weiderspan,
Petitioner,
vs.
The Republic of Cuba, et al.,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Mavel Ruiz, Judge.
William J. Sanchez, P.A., and William J. Sanchez, for petitioner.
Warren Gammill & Associates, P.L., and Warren P. Gammill, for
respondent Instituto Patriotico y Docente San Carlos, Inc.
Before FERNANDEZ, GORDO and BOKOR, JJ.
PER CURIAM.
The petition is hereby denied. We decline to grant the extraordinary
writ requested where the respondents were never made a party and
properly filed a motion to intervene within four months of the writ of
execution and levy being issued. See Wags Transp. Sys., Inc. v. City of
Miami Beach, 88 So. 2d 751, 752 (Fla. 1956) (permitting post-judgment
intervention by non-party because “the petition to intervene showed such
an interest in the res that the ends of justice require that it be granted”);
Mendoza v. Kendall Park Plaza, Ltd., 429 So. 3d 1082, 1085 (Fla. 3d DCA
2026) (reversing the denial of a motion to intervene in post-judgment
execution proceedings where the proposed intervenor demonstrated a
direct property interest in the levied property); Ezem v. Fed. Nat. Mortg.,
153 So. 3d 341, 344 (Fla. 1st DCA 2014) (allowing post-judgment
intervention by non-party where his interest in the property at issue
“qualified as an interest of such a direct and immediate character that the
intervener will gain or lose by direct legal operation and effect of the
judgment” (internal citation omitted)); Technical Chemicals and Products,
Inc. v. Porchester Holdings, Inc., 748 So. 2d 1090, 1091-92 (Fla. 4th DCA
2000) (holding that the general rule against post-judgment intervention is
inapplicable where the intervenor was “defending its proprietary and
pecuniary interest” in supplementary proceedings); Lefkowitz v. Quality
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Labor Management, LLC, 159 So. 3d 147, 149-50 (Fla. 5th DCA 2014)
(confirming that post-judgment intervention is permitted when the “ends of
justice so require,” and the intervenor sought to “defend its interests in
certain collateral” and could not have asserted an interest in the subject
matter of the litigation prior to the entry of judgment).
Any challenge to the trial court’s subsequent rulings or the underlying
judgment may be raised, if appropriate, on direct appeal.
Petition denied.
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