David Kimbro Stephens v. Renee S. Williams, No. 14-2926 (8th Cir. 2015)
Annotate this CaseCourt Description: Civil Case - Bankruptcy. The district court did not err in denying Stephens' motion to intervene in a bankruptcy matter; since Stephens was denied leave to intervene, he cannot challenge the bankruptcy's court final order or its other orders in the case.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2926 ___________________________ In re: Living Hope Southwest Medical Services, LLC lllllllllllllllllllllDebtor -----------------------------David Kimbro Stephens lllllllllllllllllllllAppellant v. Living Hope Southeast, LLC Renee S. Williams, Trustee lllllllllllllllllllllAppellee ____________ Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________ Submitted: March 16, 2015 Filed: March 31, 2015 [Unpublished] ____________ Before LOKEN, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. David Kimbro Stephens appeals the district court’s1 final order, in which it affirmed the bankruptcy court’s2 orders denying his motions to intervene, for reconsideration, and for new trial. After careful review, this court affirms. We conclude Stephens’s motions requesting intervention and reconsideration were properly denied. The bankruptcy court did not err in finding that the motion to intervene was untimely. See Fed. R. Bankr. P. 7024; Fed. R. Civ. P. 24(a)(2) and (b)(1) (mandatory and permissive intervention both require “timely motion”); Tweedle v. State Farm Fire & Cas. Co., 527 F.3d 664, 671 (8th Cir. 2008) (abuse-ofdiscretion review; identifying factors to consider). Because Stephens was denied intervention, he does not have standing to appeal the bankruptcy court’s final order or its orders denying his motions for continuance of trial, for amendment of the judgment, or for a new trial. See Karcher v. May, 484 U.S. 72, 77 (1987) (“One who is not an original party to a lawsuit may of course become a party by intervention . . . . But we have consistently applied the general rule that one who is not a party or has not been treated as a party to a judgment has no right to appeal therefrom.”) (internal citation omitted). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. 2 The Honorable James G. Mixon, late a United States Bankruptcy Judge for the Western District of Arkansas. -2-
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