Arnold v. Arnold

564 So. 2d 920, 1990 Ala. LEXIS 468, 1990 WL 116417

Opinion

MADDOX, Justice.

This is a pro se appeal¹ by an inmate who sought to intervene in a wrongful death action filed by his wife, as adminis-tratrix of the estate of his late son, who apparently was killed in a fire in their trailer home.

The record before us is incomplete, and the appellant’s brief is inadequate, but apparently the appellant is claiming that he had a statutory right to intervene in the wrongful death action filed by his wife as administratrix.² The record before us does not show that the trial judge committed reversible error in denying appellant’s request to intervene in the lawsuit; therefore, based on the authority of Dearmon v. Dearmon, 492 So.2d 1004 (Ala.1986), we affirm.

AFFIRMED.

HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.

Footnotes

1

. "[A]n order denying intervention as of right is appealable.” Thrasher v. Bartlett, 424 So.2d 605, 607 (Ala.1982).

2

. The pleadings are not included in the record, but the order appealed from reads, in part, as follows:

"This is a civil action to collect damages from several defendants for their alleged negligence or breach of warranty. The action was begun by the mother on behalf of her deceased son’s estate.

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"IT IS THEREFORE, ORDERED AND ADJUDGED BY THE COURT AS FOLLOWS:

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"4. That the petition of Melvin Arnold to intervene in this action as a party plaintiff is denied.”