Claude Hugh Lloyd, Jr. and Cassondra Jean Lloyd v. American Home Products Corporation ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-161 CV ____________________

CLAUDE HUGH LLOYD, JR. and CASSONDRA JEAN LLOYD, Appellants

V.

AMERICAN HOME PRODUCTS CORPORATION ET AL, Appellees

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On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-162-611

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MEMORANDUM OPINION  

Claude Hugh Lloyd, Jr. and Cassondra Jean Lloyd appeal pro se from the trial court's order striking their plea in intervention. For the reasons set forth below, we affirm.

Rule 60 of the Texas Rules of Civil Procedure sets out an applicant's right to intervene in litigation, "subject to being stricken out by the court for sufficient cause on the motion of any party." Tex. R. Civ. P. 60. A trial court is given broad discretion in deciding on a motion to strike, and its decision will be reversed only if it has abused that discretion. See Guaranty Federal Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 657 (Tex. 1990). In Guaranty Federal, the supreme court held it is an abuse of discretion to strike a plea in intervention if: (1) the intervenor can show that he could have brought the same action, or any part thereof, in his own name, or, if the action had been brought against him, he would be able to defeat recovery; (2) the intervention will not complicate the case by an excessive multiplication of the issues, and (3) the intervention is almost essential to effectively protect the intervenor's interest. Id. Thus, appellants must satisfy all three prongs of the Guaranty Federal test to prevail.

In their brief, appellants' cite no authority in support of their position and make no attempt to demonstrate their plea met the requisites of Guaranty Federal. See Tex. R. App. P. 38.1. It is not apparent from the record before us that appellants were entitled to intervene. Accordingly, we cannot find the trial court abused its discretion in striking appellants' plea in intervention. The judgment of the trial court is affirmed. Appellee's Motion to Dismiss Appeal is denied as moot.

AFFIRMED.

PER CURIAM

Submitted on March 27, 2003

Opinion Delivered April 3, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.