Vasser v. Bibleway M.B. Church
| Docket Number: | 2009-CA-00612-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Maxwell, J Holding: Affirmed. |
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| Additional Case Information: |
Topic: Real property - Motion to intervene - M.R.C.P. 24(a)(2) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Carlton, JJ. Concur in Part, Concur in Result 1: Barnes, J. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 03-04-2009 Appealed from: CHICKASAW COUNTY CHANCERY COURT Judge: Dorothy Colom Disposition: MOTION TO INTERVENE DENIED Case Number: CV-2008-00008 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Frank Vasser, Jr |
T.K. MOFFETT |
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| Appellee: | Bibleway M.B. Church | REX F. SANDERSON | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Motion to intervene - M.R.C.P. 24(a)(2) |
| Summary of the Facts: | Bibleway M.B. Church filed a complaint in the Chickasaw County Chancery Court to confirm title to a piece of property it had purchased. Frank Vasser Sr. filed a motion to intervene, which the chancellor denied. Vasser appeals. |
| Summary of Opinion Analysis: | The issue on appeal is the chancellor’s denial of Vasser’s motion to intervene as of right under M.R.C.P. 24(a)(2). For intervention to be proper under this rule, the would be intervenor must make a timely application; he must have an interest in the subject matter of the action; he must be so situated that disposition of the action may as a practical matter impair or impede his ability to protect his interest; and his interests must not already be adequately represented by the existing parties. Whether a motion to intervene is timely is not limited to chronological considerations, but is to be determined from all the circumstances. Vasser knew of his interest in this action well before he moved to intervene, yet he chose to proceed for months under a false identity before finally requesting to intervene. The most important consideration in deciding whether a motion is untimely is whether the delay in moving for intervention will prejudice the existing parties to the case. Vasser is correct that he moved to intervene before any final ruling had been made. But this does not diminish the fact that Bibleway suffered prejudice. Indeed, Vasser’s misrepresentation delayed Bibleway’s efforts in its attempt to confirm title to the land. Bibleway contends Vasser purchased the property for his son and titled it in his son’s name. Further, Bibleway alleges Vasser borrowed money against the property without owning it. Because Bibleway was for months unable to assert these claims against Vasser and now would be required to litigate these issues, the delay in seeking intervention has and would prejudice Bibleway. Vasser does not even contend he actually owns the land. In fact, in his appellate brief, he points to the undisputed facts that the property was titled in his son’s name and that he bought the property as a gift for his son. While he claims to have paid taxes on the property, he does not deny discontinuing paying them in 2002, after which the property was sold at a tax sale. Vasser may suffer prejudice as a result of not being allowed to intervene, but not enough to overcome the other prevailing considerations. Vasser made multiple false filings in his son’s name. Only upon the discovery of his true identity did he “fess up” and move to intervene. Vasser now attempts to join this litigation by making an end run around the chancellor’s grant of Bibleway’s motion to strike. His fraud perpetrated on the court weighs heavily against granting Vasser’s motion to intervene. Thus, Vasser was not entitled to intervene as a matter of right. |
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