BRELAND v. SMITH-JOHNSON, INC.

No. 56181.

501 So.2d 389 (1987)

Raymond BRELAND v. SMITH-JOHNSON, INC., King-Smith, Inc.; W.E. Smith; and Fidelity and Deposit Company of Maryland.

Supreme Court of Mississippi.

January 21, 1987.


Attorney(s) appearing for the Case

William Liston, Liston, Gibson & Lancaster, Winona, Michael L. Kemp, Holly Springs, for appellant.

John Booth Farese, Farese, Farese & Farese, Ashland, for appellees.

Before HAWKINS, P.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

This case presents a narrow but not insignificant procedural question concerning intervention practice under Rule 5, not Rule 24, Mississippi Rules of Civil Procedure. Once a trial court has appropriately entered an order granting a motion for leave to intervene, by what procedure must the intervenor serve his pleading upon the other parties to the action?

The question arises in the context of a suit against a contractor...

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