Abuse of Discretion to Strike a Plea Bargain In Texas
In Guaranty Federal Sav. Bank v. Horseshoe Operating Co., 793 S.W.2d 652, 657 (Tex. 1990)., the supreme court held it is an abuse of discretion to strike a plea in intervention if:
(1) the intervenor can show that he could have brought the same action, or any part thereof, in his own name, or, if the action had been brought against him, he would be able to defeat recovery;
(2) the intervention will not complicate the case by an excessive multiplication of the issues;
(3) the intervention is almost essential to effectively protect the intervener's interest. Id.
Rule 60 of the Texas Rules of Civil Procedure sets out an applicant's right to intervene in litigation, "subject to being stricken out by the court for sufficient cause on the motion of any party." TEX. R. CIV. P. 60.
A trial court is given broad discretion in deciding on a motion to strike, and its decision will be reversed only if it has abused that discretion.