Halliburton Energy Services, Inc. v. Gunter

2007 WY 151, 167 P.3d 645, 2007 Wyo. LEXIS 162, 2007 WL 2729583
CourtWyoming Supreme Court
DecidedSeptember 20, 2007
Docket06-205, S-07-0076
StatusPublished
Cited by31 cases

This text of 2007 WY 151 (Halliburton Energy Services, Inc. v. Gunter) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Halliburton Energy Services, Inc. v. Gunter, 2007 WY 151, 167 P.3d 645, 2007 Wyo. LEXIS 162, 2007 WL 2729583 (Wyo. 2007).

Opinion

VOIGT, Chief Justice.

[T1] The underlying question in these related cases is whether the personal representative appointed to pursue a civil wrongful death action under Wyo. Stat. Ann. § 1-38-102(a) (LexisNexis 2007) must be a resident of the State of Wyoming, as is required for intestate estate administrators under the probate code, Wyo. Stat. Ann. § 2-4-201(c) (LexisNexis 2007). We decline to answer that question because the probate court did not err in denying a wrongful death action defendant's motion to intervene in the probate for the purpose of challenging appointment of the personal representative, and because that wrongful death action defendant likewise does not have standing to challenge that appointment in the wrongful death action, itself.

FACTS

[12] James Bates was fatally injured in an oil rig accident in Lincoln County, Wyoming, on December 23, 2008. His brother, Kenneth Bates, was appointed by the probate court on April 13, 2005, as administrator of his intestate estate. Subsequently, the decedent's sister, Retha Gunter, was appointed as substitute administrator for the specific purpose of pursuing a wrongful death action. Gunter is not a resident of the State of Wyoming.

[13] Gunter has filed two wrongful death actions: one in the United States District Court for the District of Wyoming, and one in the District Court of Lincoln County. Halliburton is one of several named defendants in both actions. The present controversy has reached this Court via two separate routes. Halliburton filed a motion to intervene in the probate action for the purpose of seeking a declaratory judgment in regard to application of the residency requirement for probate estate administrators to wrongful death action personal representatives. That motion was denied, and has been appealed. In the federal court wrongful death action, the same question has been certified to this Court by the Federal District Court. 1

*648 DISCUSSION

Intervention

[14] "Intervention" is the process by which a non-party becomes a party to a lawsuit, either as an additional plaintiff or an additional defendant. Black's Law Dictionary 840 (8th ed.2004). In Wyoming, the right of intervention is governed by W.R.C.P. 24, which reads in pertinent part as follows:

(a) Intervention of right. -Upon timely application anyone shall be permitted to intervene in an action:
(1) When a statute confers an unconditional right to intervene; or
(2) When the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(b) Permissive intervention. -Upon timely application anyone may be permitted to intervene in an action:
(1) When a statute confers a conditional right to intervene; or
(2) When an applicant's claim or defense and the main action have a question of law or fact in common . ...
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[T5] We described our standard for the review of the denial of a motion to intervene of right in Masinter v. Markstein, 2002 WY 64, ¶ 7, 45 P.3d 237, 240-41 (Wyo.2002) (quoting State Form Mut. Auto. Ins. Co. v. Colley, 871 P.2d 191, 194 (Wyo.1994) (citations omitted)):

Questions of law and judicial discretion are presented by the denial of a motion to intervene. This court accords no deference to a district court's decisions on issues of law. Therefore, if the district court erroneously denied intervention as of right under the first, second or third conditions of W.R.C.P. 24(a)(2), we will reverse. However, the determination of the timeliness of an application to intervene is a matter within the discretion of the district court. The district court is permitted to weigh the timeliness of an application to intervene in light of the cireumstances of the particular case, including whether the applicant may have sought intervention earlier. Therefore, to prevail on an appeal from a finding that an application to intervene is untimely, an abuse of discretion must be demonstrated.

[T 6] "An applicant who fails to meet any of [the conditions of W.R.C.P. 24(a)(2) ] is not permitted to intervene as of right...." State Farm v. Colley, 871 P.2d at 194. In that regard, intervention of right is not available to a non-party whose interest in the litigation, rather than being a "significantly pro-tectable interest," is merely "contingent," or reflects no more than a "concern" in the outcome. Id.; Platte County Sch. Dist. No. 1 v. Basin Elec. Power Coop., 638 P.2d 1276, 1279 (Wyo.1982).

[T7] The district court relied upon the reasoning of Murg v. Barnsdall Nursing Home, 2005 OK 73, 123 P.3d 21 (Okla.2005), in concluding that Halliburton was not entitled to intervene of right in the probate action. The court in Murg held that the nursing home was not a proper party to challenge appointment of the personal representative because it was not an interested party as a statutory heir of the decedent, it was not eligible to petition for letters of administration in its own right, and it had no connection to the deceased other than being potentially liable for her demise. Id. at 30. Under the cireumstances, the nursing home was not an "interested party" in the estate. Id.

[T8] We agree with that reasoning. The language of Wyo. Stat. Ann. § 2-4-206 (Lex-isNexis 2007) suggests that the Wyoming Legislature intended similarly to limit the number of "interested persons" who may contest a petition for letters of administration:

Any person interested may contest the petition by filing written opposition on the ground of the incompetency of the applicant, or may assert his own rights to the administration and pray that letters be issued to himself. In the latter case the contestant shall file a petition and submit *649 evidence in support thereof, taken and reduced to writing before the clerk or commissioner of the court, and the court shall hear the two (2) petitions together.

Clearly, in the absence of an incompetent administrator, one can contest appointment of the administrator only if one is entitled, in one's own right, to act as administrator. 2 A potential wrongful death action defendant is not so entitled. 3 Furthermore, referring back to W.R.C.P. 24(a)(2), we do not find that Halliburton's interest, as a wrongful death action defendant, is such that it may only be protected by intervention in the probate action. As the district court concluded, "[the appointment of the personal representative does not impair Halliburton's ability to protect its economic interest in the wrongful death action."

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Cite This Page — Counsel Stack

Bluebook (online)
2007 WY 151, 167 P.3d 645, 2007 Wyo. LEXIS 162, 2007 WL 2729583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halliburton-energy-services-inc-v-gunter-wyo-2007.