Third-Party Creditors In Dissolution Action May Appeal From Denial Of Motion To Intervene In Dissolution Action, But Lack Standing To Appeal From the Judgment of Dissolution Absent Order Granting Intervention
01/02/08
Third-party creditors sought to intervene in a dissolution action in order to protect their interest in husband’s assets pursuant to loans that were made to husband and promissory notes that secured those loans. The trial court denied creditors’ motion to intervene and entered judgment in the dissolution action. Creditor’s thereafter appealed from the judgment in the dissolution action. Court of appeals dismissed creditors’ appeal from dissolution action, holding that creditors lacked standing to appeal the judgment in the dissolution action absent an order granting creditors’ leave to intervene in the dissolution action. “Where a movant's motion to intervene is denied, the movant lacks standing to appeal from any subsequent order or judgment in the proceeding.” Court of appeals further held that the failure of creditors to immediately appeal from the denial of their motion to intervene did not prevent creditors from appealing from the denial of that motion following final judgment in the dissolution action. “The order denying the motion to intervene is, however, appealable pursuant to section 512.020(5), RSMo 2000, which provides, in pertinent part, ‘a failure to appeal from any action or decision of the court before final judgment shall not prejudice the right of the party so failing to have the action of the trial court reviewed on an appeal taken from the final judgment in the case.’ Thus, [creditors’] failure to appeal the order denying their motion to intervene before final judgment does not prohibit them from appealing the denial of their motion to intervene after final judgment in this case.” The underlying denial of creditors’ motion to intervene was affirmed separately in an unpublished opinion. Eckhoff v. Eckhoff, Docket No. WD67683 (Mo.App.W.D. 1/2/2008).
For more general information, visit Appellate Litigation.
Back to News
At Swanson Midgley, we listen to our clients' needs in order to help them plan for the future and achieve their goals.
