Sommers v. Bank of America, N.A.

Movant is the sole shareholder of Exquisite Designs, a company that filed for Chapter 11 bankruptcy in 2009. On appeal, movant challenges the denial of his motion to intervene in a lawsuit between the Chapter 7 Trustee of Exquisite Designs and Bank of America. Movant also appeals the order granting the stipulation of dismissal with prejudice filed by those parties. Because the order granting the stipulation of dismissal was filed well over thirty days after the order granting the stipulation of dismissal, the court has no jurisdiction to review that order even though movant's objections go to the district court’s jurisdiction; because movant's initial brief on appeal advances no argument as to why the district court erred in denying permissive intervention, that issue has been waived; and the district court rightly denied intervention as of right because movant's motion was untimely where he knew of his alleged interest in the case long before he filed his motion and the denial of intervention would not prejudice movant. Accordingly, the court disposed of movant's remaining arguments and affirmed the judgment. View "Sommers v. Bank of America, N.A." on Justia Law