What are the Requirements for Intervention as of Right under 11th Circuit Law?

The Eleventh Circuit Court of Appeals has described the burden on a party seeking to intervene as of right pursuant to Rule 24(a)(2) as follows:

A party seeking to intervene as of right under Rule 24(a)(2) must show that: (1) his application to intervene is timely; (2) he has an interest relating to the property or transaction which is the subject of the action; (3) he is so situated that disposition of the action, as a practical matter, may impede or impair his ability to protect that interest; and (4) his interest is represented inadequately by the existing parties to the suit.

Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989); In re Bayshore Ford Trucks Sales, Inc., 471 F.3d 1233, 1246 (11th Cir. 2006).  If a party establishes all of the prerequisites to intervention as a matter of right, “the trial court has no discretion to deny the intervention.”  Loyd v. Ala. Dep’t of Corr., 176 F.3d 1336, 1340–41 (11th Cir. 1999); see also Purcell v. BankAtlantic Fin. Corp., 85 F.3d 1508, 1512 (11th Cir. 1996). 

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