In United States v. City of Oakland, California, 958 F.2d 300, 301 (9th Cir. 1992), the United States Court of Appeals for the Ninth Circuit dismissed as untimely an appeal from the denial of a motion to intervene when the appeal was filed after the final disposition of the case.
The court noted that the denial of the motion to intervene terminated the applicant's participation in the litigation. Id. at 302.
The court stated that it did not have jurisdiction to consider the appeal: "Because the district court denied the proponents' motion to intervene, they were never made parties to the litigation.
Federal Rules of Appellate Procedure 3 and 4 clearly contemplate that only parties may file a notice of appeal." Id. at 301.
Moreover, as a policy matter, the court noted: "It is far more efficient to consider an appeal from a denial of intervention, perhaps on an expedited basis, than to encourage unsuccessful applicants to wait until after the case is decided in order to attempt an appeal." Id. at 302.