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ROSS v. MARSHALL

No. 03-20989.

426 F.3d 745 (2005)

Dwayne ROSS; Maria Ross, individually and as next friend of Sydney Ross and Johnathon Ross, minor children; Sydney Ross, minor child; Johnathon Ross, minor child, Plaintiffs-Appellees, v. Matthew Curtis MARSHALL; et al., Defendants, Allstate Texas Lloyds Insurance Co., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 2005.

Attorney(s) appearing for the Case

Benjamin Lewis Hall, III, Sheryl Scott Chandler, The Hall Law Firm, Byron Charles Keeling (argued), Holman & Keeling, David Wallace Holman, Robert Alan York, Godwin Gruber, Houston, TX, for Plaintiffs-Appellees.

Ronald J. Restrepo (argued), Max Christian Weber, Doyle, Restrepo, Harvin & Robbins, Houston, TX, for Allstate Texas Lloyds Ins. Co.

Before HIGGINBOTHAM, DAVIS and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

An insurer sought to intervene as of right in a suit against its insured for the purpose of appealing a judgment holding the insured vicariously liable for $10 million in damages. The district court denied the intervention and struck the insurer's answer and notice of appeal. The insured subsequently abandoned his appeal and assigned all rights and claims against his insurer to the plaintiffs. The insurer appealed. After first...

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