Highwoods DLF Eola, LLC v. Condo Develop, LLC, ___ So. 3d ___, 36 Fla. L. Weekly D15 (Fla. 5th DCA 12/23/10)
After the city granted “A’s” request for a master plan amendment to authorize the construction of a high-rise building on its property, an adjacent property owner, “B,” filed a petition for writ of certiorari in circuit court to challenge the amendment. B did not join A, who moved to dismiss the petition for failure to join an indispensable party. When the circuit court denied A’s motion, A moved to intervene, but the circuit court denied that motion as well. The appellate court reversed. “Florida Rule of Appellate Procedure 9.100 (b) dictates that when a party files a certiorari petition to challenge a quasi-judicial land use proceeding, as [B] did here, ‘all parties to the proceeding in the lower tribunal who are not named as petitioners shall be named as respondents.’ As the applicant in the proceeding before the City, [A] was obviously a party to the proceedings below, and should have been named in the petition as a respondent.” A was entitled to intervene because it stood to “gain or lose by the direct legal operation and effect of the judgment” because B sought to quash the order authorizing A to develop its property.