INTERVENTION - RGIS INVENTORY SPECIALISTS V. HUEY
RGIS Inventory Specialists v. Huey, [Ms. 2150801, Dec. 16, 2016] __ So.3d __ (Ala. Civ. App. 2016). The Court of Civil Appeals affirms the Sumpter Circuit Court's denial of a workers' compensation insurance carrier's motion for leave to intervene in a third party action. The court notes "[a]n order denying a motion to intervene is a final judgment that will support an appeal." Ms. * 3, n. 2, citing Universal Underwriters Ins. Co. v. Anglen, 630 So.2d 441 (Ala. 1993).
The court also notes that a joint stipulation of dismissal based upon a settlement of the third party action does not necessarily moot an appeal from the denial of the motion for leave to intervene. Ms. * 4-5, citing Purcell v. Bank Atlantic Fin. Corp., 85 F.3d 1508 (11th Cir. 1996).
While this particular workers' compensation carrier may properly have sought leave to intervene, its failure to cite controlling Alabama authorities constituted a violation of Rule 28(a)(10), Ala. R. App. P., such that its arguments are waived under authority of White Sands Grp., L.L.C. v. PRS II, LLC, 998 So.2d 1042 (Ala. 2008). "Because the employer and the carrier have failed to present this court with an argument containing relevant legal authorities, we conclude that the employer and the carrier waived their argument that the trial court wrongfully denied the motion to intervene." Ms. * 6-7.
Related Documents: RGIS Inventory Specialists v Huey