Facts About HENDERSON EDWARDS WILSON, L.L.PAND HGLENN Revealed
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Excitement About Glenn Henderson - Stetson University
After going into a default judgment against Vevers, the high court granted the movement to strike Henderson's intervention. This appeal followed. We evaluate the high court's determination of a movement to strike an intervention for an abuse of discretion. Co. v. Akin, 927 S.W. 2d 627, 629 (Tex. 1996). The Texas Supreme Court has held that it is an abuse of discretion to
strike a plea in intervention if (1)the intervenor could have brought the exact same action, or any part thereof, in his own name, or if the action had been brought versus him, he would be able to beat recovery or some part thereof; (2 )the intervention will not make complex the case by an extreme reproduction of the problems; and( 3)the intervention is nearly vital to safeguard the intervenor's interest. Savs. Bank v. Horseshoe Operating Co., 793 S.W. 2d 652, 657 (Tex. 1990 ). An intervenor must have a justiciable interest in the fit
See Mendez v. Brewer, 626 S.W. 2d 498, 499 (Tex. 1982). This Site of standing focuses on whether a party has an adequate relationship with the lawsuit so as to have a justiciable interest in the result. 2005). Applying the law to the instant case, we must initially determine whether Henderson had a right to intervene based upon a justiciable interest in the agreement fit. Henderson is not a party to the agreement, however asserts a justiciable interest predicated on the assumption that it has actually been"damaged and impacted by"the litigation in the agreement case. We disagree. The receipt of advantages under an agreement does not always relate with a right of enforcement. A third celebration is only entitled to.
enforce a contract to which he is not a party if the celebrations intended to protect a benefit to the 3rd party and entered into the contract for the 3rd party's benefit. at 651. Here, the settlement contract does not state it was made for Henderson's benefit; Henderson is not even discussed.
