Kelley v. Wolff Petroleum, Inc.

WIEAND, Judge:

This appeal is from an order which denied a petition by a workmen’s compensation carrier seeking intervention by the carrier in the plaintiff-employee’s third party tort action. After careful review, we conclude that the trial court’s order in this case was interlocutory and that an appeal, therefore, will not lie.

As a general rule, an appeal will not lie from an order denying intervention, because such an order is not a final determination of the claim made by the would-be intervenor. However, in some cases, the order denying intervention has the practical effect of denying…