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Rule 54.02 – Multiple Claims for Relief- Motion to Intervene

May 14, 2021 | Civil Procedure, Tennessee

(1) When more than one claim for relief is present in an action, whether as a claim, counterclaim, cross-claim, or third party claim, or when multiple parties are involved, the court, whether at law or in equity, may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of the judgment adjudicating all the claims and the rights and liabilities of all the parties.
(2) Notwithstanding the provisions of subsection (1), any order granting or denying a motion to intervene filed pursuant to Tenn. R. Civ. P. 24 shall be a final judgment for purposes of Tenn. R. App. P. 3.

Tenn. R. Civ. P. 54.02

Added July 1, 1979; amended by order filed January 8, 2018, effective July 1, 2018.

Advisory Commission Comment [2018 Amendment]

The 2018 amendment renumbers the current text of Rule 54.02 as subsection 54.02(1) and adds subsection 54.02(2), which, in conjunction with changes to Rule 24, Tennessee Rules of Civil Procedure, and Rules 3 and 4, Tennessee Rules of Appellate Procedure, provides for an appeal as of right from a trial court’s order granting or denying a motion to intervene. Effective July 1, 2018, any order granting or denying a motion to intervene shall be a final judgment, and a timely appeal of that final judgement shall be the only method to appeal the grant or denial of a motion to intervene.