Ii. [§ 15.2] Intervention—Of Right

JurisdictionMaryland

II. [§ 15.2] INTERVENTION—OF RIGHT

On January 9, 2021, Walter Reese and George Harris entered into a written contract of sale for Lots 1 and 2 of a subdivision in Bowie, Maryland, known as "Township Heights." Pursuant to the terms of the contract, Harris was entitled to examine Reese's financial records prior to consummation of the agreement. Unsatisfied with the information, Harris declared the contract with Reese to be null and void. John Smith subsequently entered into a written contract of sale with Harris for the same property. Prior to settlement with Smith, Harris was sued by Reese who sought specific performance of the prior contract. Aware that such action by Reese could affect his rights in the property, Smith moved to intervene in the action as a party defendant.

MOTION TO INTERVENE AS OF RIGHT


John Smith (hereinafter "Smith"), Intervenor, by his attorneys, Paul P. Snyder and Snyder & Snyder, P.A., seeks to intervene in this action as of right as an additional Defendant, pursuant to Md. Rule 2-214(a), and states as follows:
1. Intervenor Smith is a resident of Baltimore City, Maryland.
2. This action involves several contracts for the sale of land known as Lots 1 and 2 in Bowie, Maryland, as is more particularly described in the land records for Prince George's County at Liber 101, Folio 79 (hereinafter the "Township Property"). A genuine and authentic copy of the deed to the Township Property is attached hereto and incorporated herein as Exhibit A.
3. Plaintiff in this action, Walter Reese (hereinafter "Reese"), seeks to specifically enforce a contract for the sale of the Township Property, entered into between Reese and Defendant, George Harris (hereinafter "Harris").
4. Smith, Intervenor, as set forth in the attached Answer to Plaintiff's Complaint, has a valid interest in the subject matter of this action, namely that Smith and Harris entered into a Contract for the sale of the Township Property, such Contract between Smith and Harris being entered into after Harris had declared the Contract entered into between Reese and Harris to be null and void pursuant to the terms of the Contract. A genuine and authentic copy of the Contract entered into between Smith and Harris is attached hereto and incorporated herein as Exhibit B.
5. The specific enforcement of the Contract entered into between Harris and Reese would impair and/or would defeat Smith's ability to protect his interest in the Township Property.
6. Smith's interests are adverse to Harris's in that Smith seeks title to, and ownership of, the Township Property, whereas Harris seeks to gain profit from the sale of the Township Property to Reese.
7. Smith's interests in the Township Property are essential to protect. These interests are inadequately represented by Harris because Harris may reach a settlement of the dispute with Reese to the detriment of Smith's interest.
8. At all times herein, Intervenor Smith filed this Motion for Intervention in a timely manner.
WHEREFORE, John Smith demands leave to intervene, as a matter of right, as an additional Defendant in this action.

Respectfully submitted,

__________
Paul P. Snyder
AIS No. 0123456789
Snyder & Snyder, P.A.
Blaustein Building
1 North Charles Street
Baltimore, Md. 21202
Phone: (410) 555-1234
Fax: (410) 555-1235
Email: PSnyder@SnyderLaw.com

Attorneys for Intervenor

COMMENT

Maryland Rule 2-214(a) governs actions involving motions which request intervention as a matter of right. That section provides:

Upon timely motion, a person shall be permitted to intervene in an action: (1) when the person has an unconditional right to intervene as a matter of law; or (2) when the person claims an interest relating to the property or transaction that is the subject of the action, and the person is so situated that the disposition of the action may as a practical matter impair or impede the ability to protect that interest unless it is adequately represented by existing parties.

A motion for intervention as of right may also be brought in the District Court, provided the other jurisdictional limits are satisfied. See Md. Rule 3-214(a). In making such a request, Md. Rule 2-214(c) requires that the motion be accompanied by a copy of the proposed pleading setting forth the claim or defense for which the intervention is sought. Md. Rule 2-214(c). See infra, Sample ¶ 4. But even when a party has not complied with the requirements of Rule 2-214(c), intervention still may be allowed if no prejudice to the other parties from the non-compliance is shown. Green v. Green, 188 Md....

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