Eli Bergida

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Case Synopsis

The Court exercised its discretion to consider petitions for writ of mandamus filed by motorist and accident victim challenging the district court's order granting motorist's automobile insurer intervention in action where default judgment was entered and in victim's second action to collect on the judgment in which settlement was reached, consolidating the cases, and granting auto-insurer relief from judgment.

The Court concluded that because intervention is impermissible after final judgment, it was impermissible after default judgment was entered. However, where a settlement agreement had been reached but the court had not yet entered final judgment, intervention was permissible. The Court also concluded that consolidation was improper when an action which reached final judgment had no issues. Lastly, the Court concluded that a vacated judgment was proper when it was erroneously entered while a stay was in effect.