{¶ 4} There have been numerous filings in this case regarding property division and support. For efficiency, we extract additional background information from Miller v. Miller, 2019-Ohio-1886, 135 N.E.3d 1271 (8th Dist.) ("Miller I"). In that case, Karen appealed the "trial court's denial of her motion to intervene" and "to vacate judgment" in Cody A. Miller, et al. v. David Miller, Cuyahoga C.P. No. CV- 15-854301.
The court denied her motions, and Karen appealed to the Eighth District. Miller v. Miller, 2019-Ohio-1886, 135 N.E.3d 1271 (8th Dist).
{¶ 12} The movant of a Civ.R. 24 motion bears the burden of proof and production. Miller v. Miller, 2019-Ohio-1886, 135 N.E.3d 1271, ¶ 19 (8th Dist.), citing Grove Court Condominium Unit Owners' Association v. Hartman, 8th Dist. Cuyahoga No. 94910, 2011-Ohio-218, ¶ 14. To be successful, a movant must show the "interest" is a legally protectable interest.
Finalizing the divorce, the trial court issued a judgment entry of divorce and incorporated the separation agreement. Thereafter, in an appeal of a separate action, Miller v. Miller, 2019-Ohio-1886, 135 N.E.3d 1271 (8th Dist.) ("Miller I") between David and Karen, it was recorded that: The separation agreement provided for spousal support in the amount of $15,000 per month for 20 years, terminating December 2034.
Additionally, "[t]he timeliness of a motion to intervene is dependent upon the facts and circumstances of the case." Miller v. Miller, 2019- Ohio-1886, 135 N.E.3d 1271, citing State ex rel. First New Shiloh Baptist Church at 503. {¶12} As explained by the Supreme Court of Ohio in State ex rel. First NewShiloh Baptist Church, the following factors must be considered when determining the timeliness of a motion to intervene:
Additionally, "[t]he timeliness of a motion to intervene is dependent upon the facts and circumstances of the case." Miller v. Miller, 2019- Ohio-1886, 135 N.E.3d 1271, citing State ex rel. First New Shiloh Baptist Church at 503. {¶12} As explained by the Supreme Court of Ohio in State ex rel. First New Shiloh Baptist Church, the following factors must be considered when determining the timeliness of a motion to intervene: