Appealing Interventions
“As thou urgest justice, be assured
Thou shalt have justice, more than thou desirest.”
“If it were done when ‘tis done, then ‘twere well
It were done quickly.”
I’d like to stage an intervention. Tennessee Rule of Appellate Procedure 3(i) includes as a party any person filing a motion to intervene under Tennessee Rule of Civil Procedure 24.01, Intervention as of Right, which states:
Upon timely motion any person shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties; or (3) by stipulation of all the parties.
All of this means that, if you have an interest in an action you didn’t initiate, you can become a party to it.
Important for the appellate practitioner to note is that, effective July 1, 2018, an order granting or denying a motion to intervene under Tennessee Rule of Civil Procedure 24 shall be a final judgment for the purposes of Tennessee Rule of Appellate Procedure 3. The term of art “final judgment” is a big deal because, without it, the Court of Appeals does not have jurisdiction over an appeal.
A party might intervene because they have questions of fact in common with the subject of the action. They might also have questions of law in common with the action. The main thing for the appellate practitioner to recognize is that the trial court’s decision granting or denying the motion to intervene is a final order, from which an appellant has 30 days to timely appeal.
So, by all means, move to intervene if needs be. The court’s decision on the issues of intervention will be final and appealable. If you do not appeal, you will lose your right to do so. From there, it’s all in the timing.
