# Bradley v. Board of Public Instruction of Pinellas County

> Court of Appeals for the Fifth Circuit · December 30, 1971 · 453 F.2d 408

URL: https://www.frixlaw.com/law-library/cases/8886924

## Case

- **Full name:** Leon W. BRADLEY, Jr., a minor by Leon W. Bradley, Sr., his father and next friend v. BOARD OF PUBLIC INSTRUCTION OF PINELLAS COUNTY, Grace Tilka and Richard J. Deeb, Intervenors-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 30, 1971
- **Citations:** 453 F.2d 408
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8886924

## Opinion text

PER CURIAM:
Grace Tilka appeals from the order of the district court denying her motion for reconsideration of the court’s order denying her leave to intervene in this suit as an individual and as a representative of a class of defendant-intervenors. We affirm.
The order denying reconsideration was filed the same day as the court's Final Order approving and adopting the School Board’s Plan of Desegregation. Tilka thereafter timely filed her notice of appeal. Although a denial of intervention is not generally an appealable order with 28 U.S.C. § 1291 , we find that in the circumstances of this case, where the order denying intervention is filed contemporaneously with the court’s Final *409 Order, the denial of intervention constitutes a “Final Decision” within § 1291. 1
The court determined that it would be inappropriate to grant intervention. Under the facts presented and in view of the history of this litigation this court is of the opinion that Tilka was not entitled to intervene as a matter of right and that the district court did not abuse its discretion in denying permissive intervention. The order is affirmed.
. See United States v. Wood, 295 F.2d 772, 778 (5th Cir. 1961); Stoudenmire v. Braxton, 299 F.2d 846 (5th Cir. 1962); Wright, Law of Federal Courts, § 75 p. 332 (2d ed. 1970); 9 Moore, Federal Practice, ¶ 110.13 [7] (1970).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8886924. Public record. Not legal advice.