James L. Coxwell ex rel v. Watco Communities LLC et al.

This appeal concerns the denial of a motion to intervene. John A. Watson, Jr. (“Watson”)
moved to intervene in a lawsuit filed by James L. Coxwell, Sr. (“Coxwell”), by and through
his attorney-in-fact, Cam Coxwell Shiflett, against Watco Communities, LLC (“Watco”)
and MountainBrook Assisted Living, LLC (“MountainBrook”) (“the Companies,”
collectively). Watson and Coxwell were once in business together but had a falling out.
Coxwell sued to recover money he had loaned the Companies. Coxwell and the Companies
reached a settlement, and an agreed order was entered to that effect. Watson’s motion to
intervene came after entry of the agreed order and his having known about the litigation
for many months. Watson objects to language in the agreed order between Coxwell and
the Companies providing for joint and several liability by the Companies, which he says is
unfavorable to his interests. The Chancery Court for Sevier County (“the Trial Court”)
denied Watson’s motion to intervene, citing untimeliness. Watson appeals. We find no
abuse of discretion in the Trial Court’s denial of Watson’s motion to intervene. We affirm.