MARVIN v. BERRY (2022)

Writ application granted. See per curiam.

Writ granted. The court of appeal erred in pretermitting consideration of the applicant's assignments of error related to the summary judgment. “A person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken.” La. Code Civ. Pro. art. 2086. “A third person having an interest therein may intervene in a pending action to enforce a right related to or connected with the object of the pending action against one or more of the parties thereto by ․ [j]oining with plaintiff in demanding the same or similar relief against the defendant.” La. Code Civ. Pro. art. 1091(1). The attorney general is specifically authorized to enforce Louisiana's Dual Officeholding Law, the object of the present suit. See La. R.S. 42:65A(1)(a). The attorney general's interest is sufficient to intervene in this lawsuit because this lawsuit could affect the attorney general's lawsuit. For this reason, applicant “could have intervened” in this action and, therefore, has the right to appeal the summary judgment granted in favor of defendants. See La. Code Civ. Pro. art. 2086; Landry v. Duplechain, 19-01909 (La. 4/27/20), 295 So. 3d 938 (per curiam); ANR Pipeline Co. v. Louisiana Tax Commission, 08-1148 (La. App. 1 Cir. 10/17/08), 997 So. 2d 92, 101, writ denied, 09-0027 (La. 3/6/09), 3 So.3d 484. This matter is remanded to the court of appeal for consideration of applicant's assignments of error related to the summary judgment.

Crichton, J., dissents.