Appellate Law

Non-Party lacks standing to appeal

In McCollum v. Keating, [Ms. 2061182], (Ala. Civ. App. Sept. 12, 2008), the Court of Civil Appeals dimissed an appeal by a non-party, finding that the non-party lacked standing.

Pursuant to a protective order entered by the trial court, non-party appellant McCollum was required to store a wrecked vehicle.  McCollum filed a "Statement of Mechanic Lien" in the action, claiming a lien against any settlement or judgment for the storage costs.  McCollum, however, did not intervene.   After some of the defendants were dismissed, McCollum sought to have the storage fees taxed as costs.  After the final defendant was dismissed, the trial court dismissed action taxing costs as paid.  McCollum appealed, claiming that the trial court erred by failing to tax the storage fees as costs.

The Court of Civil Appeals held that McCollum did not have standing to appeal, as it was not a party to the case.  McCollum had, on several occasions, stated in the trial court that it was not a party, and McCollum did not seek to intervene or take the necessary steps to become a party.  Thus, citing the rule that only a party to a judgment can appeal, the Court dismissed the appeal ex mero motu. 

Full post as published by Alabama Appellate Watch on September 18, 2008 (boomark / email).