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Coon v. American Compressed Steel1/30/2004
us, we disagree with Respondent's assertion that the family court has exclusive jurisdiction of such a declaratory proceeding.
At the same time, appellants fail to persuade us that the family court had no jurisdiction over the proceeding in question and that they accordingly need to intervene to move to set the judgment aside. The statutes do not limit family court jurisdiction to the matters described in 487.080; neither do appellants argue that it is so limited. Therefore, we are not persuaded that Stephen Walker and Deric Coon could not, as they did, go to court to obtain a declaration that, as between them , Deric is entitled to be treated as the equitable adoptee of the deceased for purposes of the wrongful death action.
We agree with Respondent Coon that the death case defendants, the alleged tortfeasors, have only a contingent interest in the identity of the party having presumptive standing to file the death case. Not having been invited in, the wrongful death defendants were not entitled to force their way into this proceeding. See Rule 52.12(a); Estate of Langhorn v. Laws , 905 S.W.2d 908,911 (Mo. App. 1995) (intervention not permitted where the interest claimed was not "such an immediate and direct claim upon the very subject matter of the action that [proposed intervenors] will either gain or lose by the direct operation of the judgment that may be rendered in the action in which intervention is sought"). We cannot say, under established principles of law, that the family court judgment has a direct effect on appellants' potential liability. The appellants, of course, will have their own opportunity to address the equitable adoption issues in question in the death case. ConclusionFor all of the foregoing reasons, the trial court did not err in denying intervention. Judgment affirmed.
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