Court of Appeals of Ohio, Ninth Appellate District, Summit County · 2017 · Corporations
2017 Ohio 5559 (2017)
Updated
CorporationsInterventionCivil ProcedureCiv.R. 24Civ.R. 24(C)Civ.R. 7(A)intervention as of rightpermissive intervention
Facts
Rodd Sutton sued his ex-wife in 2006, and after she conveyed a parcel of real estate to her mother, he amended the complaint to add a fraudulent conveyance claim against both women. After trial, Sutton obtained monetary judgments against his ex-wife and her mother, and later sought to amend the judgment to place a lien on property located at 3093 Ghent Court so he could pursue foreclosure. In 2016, EnTitle, LLC moved to intervene, asserting that it was the current title holder of that property. EnTitle filed a motion, supporting memorandum, and exhibits, but did not file any pleading with the motion.
Issue
Did the trial court err in denying EnTitle's motion to intervene when EnTitle failed to accompany the motion with a pleading as required by Civ.R. 24(C)?
Rule
Under Civ.R. 24, whether a party seeks intervention as of right or permissive intervention, the party must comply with Civ.R. 24(C). Civ.R. 24(C) requires that a motion to intervene be accompanied by 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.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In litigation over control of a closely held landscaping company in Columbus, Ohio, Lakefront Equity LLC claims it purchased all disputed shares from one faction. It files a motion to intervene as of right, a detailed memorandum, and stock-transfer records, but it does not file a complaint or answer.
How should the trial court rule on Lakefront Equity LLC's motion?
Explanation. Civ.R. 24(C) requires that a motion to intervene be accompanied by a pleading as defined in Civ.R. 7(A), setting forth the claim or defense for which intervention is sought. Under the majority opinion, that requirement applies regardless of whether intervention is sought as of right or permissively. A memorandum and exhibits do not satisfy the separate pleading requirement, so omission of the pleading is fatal.