Sutton v. Sutton

Summary

The Ohio Ninth District Court of Appeals affirmed the denial of EnTitle, LLC's motion to intervene in litigation concerning a judgment lien and real property. The court held that the motion was properly denied because EnTitle failed to accompany it with a pleading as required by Ohio Civil Rule 24(C).

Holdings

1. Civ.R. 24(C) requires a person seeking intervention to serve a motion stating the grounds for intervention and to accompany that motion with a pleading, as defined by Civ.R. 7(A), setting forth the claim or defense for which intervention is sought. Failure to file the required pleading is fatal to the motion to intervene.
2. The trial court properly denied EnTitle's motion to intervene because EnTitle failed to accompany its motion with a pleading as required by Civ.R. 24(C). The assignment of error was overruled.

Questions Presented

1. Whether the trial court abused its discretion by denying EnTitle, LLC's motion to intervene under Civ.R. 24(A).
2. Whether a party seeking intervention must accompany its motion with a pleading setting forth the claim or defense for which intervention is sought under Civ.R. 24(C).

Disposition

affirmed