Opinion
Nos. 91-1547, 91-1471.
March 10, 1992. Rehearing Denied April 28, 1992.
Appeals from the Circuit Court for Dade County; Thomas S. Wilson, Judge.
Patricia Pollak Weiss and Thomas A. Pollak, in pro. per.
Steel, Hector Davis and Denise B. Crockett and Alvin B. Davis, Miami, for Arthur H. Courshon, Jack R. Courshon, Courshon Courshon and Bloom, and its successor Courshon Courshon and Simon H. Bloom.
Jonathan C. Oster, Coral Gables, Broad and Cassel and Michael A. Dribin, Miami, for Phyllis Pollak Berkett.
Before HUBBART, NESBITT and FERGUSON, JJ.
Appellants, beneficiaries of a trust, appeal from orders assessing $1,500 in costs as sanctions and appointing a commissioner to conduct evidentiary hearings in contested estate matters. We affirm the order imposing sanctions. The trial court properly assessed costs against the appellants for a scurrilous attack on the commissioner which was factually unwarranted and made in bad faith. See The Florida Bar, In re Shimek, 284 So.2d 686 (Fla. 1973).
The appeal on the merits is dismissed because the appellants made no motion to intervene, see Bay Park Towers Condo. Ass'n, Inc. v. H.J. Ross Assocs., 503 So.2d 1333 (Fla. 3d DCA 1987), and have not demonstrated by the pleadings that they otherwise have standing. Compare Pearlman v. Pearlman, 405 So.2d 764 (Fla. 3d DCA 1981)(unnamed party whose rights are directly and injuriously affected may move, in that action, to set aside fraudulent judgment). This dismissal on the merits, however, does not preclude an independent action based on fraud by the trustee or other parties.
Affirmed in part and dismissed in part accordingly.