In the Circuit Court of the Sixth Judicial Circuit

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

BRIDGEWATER COMMUNITY ASSOCIATION, INC., a Florida Corporation,
Plaintiff, / Case No.: 51-2012-CC-000261-ES
vs. / Division: T
UNKNOWN TENANT(S),
Joanne MCCARN, James McCARN, as Homeowners,
Defendants.

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MOTION TO INTERVENE

Intervenors, Joanne mCCARN and James McCARN, pursuant to Florida Rule of Civil Procedure 1.230, hereby move to intervene as party defendants in this action between plaintiff BRIDGEWATER COMMUNITY ASSOCIATION, INC., a Florida Corporation and defendants UKNOWN TENANT(S), and state as follows:

1.  This is an action by the UNKNOWN TENANT of a home owned by the intervenors, Joanne mCCARN and James McCARN, challenging the facts presented culminating in the eviction of the UNKNOWN TENANT and the possession of the residence by the Plaintiff.

2.  Plaintiffs filed a Complaint for Eviction on January 19, 2012.

3.  Plaintiffs evicted UNKNOWN TENANT on February 14, 2012.

4.  Plaintiffs executed a Writ of Possession, placing the Plaintiffs in full possession of the property, on February 14, 2012.

5.  Intervenors, Joanne mCCARN and James McCARN, have the requisite interest in the litigation to permit their intervention because the issues they seek to raise are encompassed by the present controversy between the parties to this case. See Union Cent. Life Ins. Co. v. Carlisle, 593 So.2d 505, 507 (Fla. 1992) (Intervention should be permitted where the parties’ interests are “of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.”) Consequently, intervenors Joanne mCCARN and James McCARN, are appropriate parties to this litigation.

6.  Leave to intervene shall be given freely when justice so requires and is greatly favored in Florida. See Florida Rules of Civil Procedure 1.230; National Wildlife Fed’n Inc. v. J.T. Glisson, 531 So.2d 996, 997 (Fla. 1st DCA 1988) (“Intervention should be liberally allowed.”); see also Miracle House Corp. v. Haige, 96 So.2d 417, 418 (Fla. 1957).

7.  The granting of this Motion to Intervene will not unduly delay this action or prejudice any of the parties because the action of taking possession of the intervenor’s property without due process has already inextricably linked the intervenors to this action.

WHEREFORE, intervenors Joanne mCCARN and James McCARN respectfully request this Court: (a) grant their motion to intervene as party defendants; (b) direct the Clerk to amend the style in this case to reflect the interventions; and (c) for such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of this document was delivered by Fax or U.S. Mail to the person listed below on May 3, 2012.

Geraldine R. Holloway, Esq

P.O. Box 7096

Tampa, FL 33673

Respectfully submitted,

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George Harder, Esquire

Florida Bar No.: 88649

12000 N. Dale Mabry Hwy, Ste 160

Tampa, Florida 33618

Phone: (813) 265-2119

Facsimile: (813) 265-0400