Mo. Petroleum Storage Tank Ins. Fund Bd. of Directors v. ConocoPhillips Co.Annotate this Case
The Missouri Petroleum Storage Tank Insurance Fund sued, alleging that Phillips improperly obtained reimbursement from the Fund. Wagoner, a participant in and potential claimant against the Fund (RSMo 319.138) moved to intervene and tendered a motion to dismiss. The court entered an interlocutory order overruling Wagoner’s motion to intervene. Wagoner did not seek an immediate appeal. The trial court entered a final judgment approving a settlement between the Fund and Phillips and dismissing the case with prejudice. Wagoner timely appealed. The Missouri Supreme Court affirmed, first holding that Wagoner complied with Rule 81.08(a) because he specified the only judgment from which he had a right to appeal, the final judgment. The court properly denied intervention. Wagoner’s motion did not articulate a specific, legally protectable interest in the subject matter of the suit. Even if Wagoner had demonstrated that he had a legally protectable interest in the suit and that his ability to protect that interest without intervening is impaired or impeded, Wagoner failed to show that the Fund’s Board of Directors would not adequately protect his interest without intervention. Wagoner does not allege that the Board’s pursuit of its claim was fraudulent, collusive, or a breach of its fiduciary duties.