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ROSS v. MARSHALL

No. 03-20989.

456 F.3d 442 (2006)

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.

July 11, 2006.

Attorney(s) appearing for the Case

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

Ronald J. Restrepo (argued), Max Christian Weber, Doyle, Restrepo, Harbin & Robbins, Houston, TX, for Movant-Appellant.

Before HIGGINBOTHAM, DAVIS and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Rosses ask us to reconsider our decision allowing Allstate Texas Lloyds Insurance Company to intervene to challenge on appeal an adverse liability judgment entered against its insured, Kent Mathews. The Rosses contend that Allstate does not have a sufficient interest in the underlying litigation under Federal Rule of Civil Procedure 24(a). We disagree.

The interest required to intervene as of right is a "direct"...

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