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GRIMES v. WALTON COUNTY

No. 91-945.

591 So.2d 1091 (1992)

Jerry GRIMES and wife, Laura Grimes and Destin Piling and Excavation, Inc., a Florida Corporation, Appellants, v. WALTON COUNTY, a political subdivision of the State of Florida, the Walton County Board of Adjustment, an administrative agency of Walton County, and Maris Atchison, Aubrey Brannon, Roy Cassidy, Roy Godwin, Toby Rushing, Lloyd Ward, and Elmer Williams, all individuals who are members of the Walton County Board of Adjustments, Appellees, and Jack Hanna, Marilyn Hanna, Randy O'Connor, Dawn O'Connor, Christie C. Johnson, Jerome P. Johnson, Claire Lucas, Harold Lucas, A.B. Sherling, Rebecca Sherling, Robert E. Hendricks, and Barbara R. Hendricks, Intervenors.

District Court of Appeal of Florida, First District.

January 2, 1992.

Attorney(s) appearing for the Case

Mark D. Davis of Ramey & Davis, DeFuniak Springs, for appellants.

George Ralph Miller, DeFuniak Springs, for appellees.

Robert C. Apgar and Darren A. Schwartz, Haben, Culpepper, Dunbar & French, P.A., Tallahassee, for intervenors.

WEBSTER, Judge.

Appellants (plaintiffs below) seek review of decisions by the trial court (1) allowing a number of parties to intervene after defendants had failed timely to respond to the complaint, and a Clerk's Default had been entered as to a number of the defendants; (2) allowing the intervenors to file a motion to dismiss; and (3) granting the intervenors' motion to dismiss and dismissing the action with prejudice. Because we conclude that it was an abuse of...

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