- 38 - * * * to appeal” does not square with the language of that court’s November 20, 2001 order holding the Adair appeal in abeyance pending the resolution of the test case appeal. In that order, the Court of Appeals stated that, because the Tax Court had consolidated the Adairs’ case with the test cases for purposes of the evidentiary hearing, “It * * * appears at least arguable that * * * [the Adairs] could appeal as intervenors from a final decision in the test cases.”25 The court added, however, that if petitioners’ counsel, Joe Alfred Izen, Jr., Esq., asserts that this court has jurisdiction in this case over any non-test Tax Court case other than No. 35608- 86 [i.e., the Adairs’ case], he shall submit to the court evidence of the following: (1) that the additional non-test case or cases were at one time consolidated with the test cases; * * *. Because none of Izen’s other “prospective intervenors” had ever had any of their cases consolidated with the test cases, Izen would not have been able to establish jurisdiction of the Court of Appeals over their cases. Given the unsuccessful nature of Izen’s intervention efforts, we believe a complete disallowance of the corresponding hours would be well within our discretion. See Hensley v. Eckerhart, 461 U.S. at 436-437 (discussed supra Part 25 As discussed above, the Court of Appeals apparently construed Izen’s “Notice of Appeal of Certain Intervenors” as an attempt to appeal the decisions entered in the test cases rather than a petition for permission to appeal the orders this Court had certified for interlocutory appeal.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011