Jeff Druek v. Hydrogen Engine Center, Inc., Et Al.

This action involves the plaintiff’s attempted levy of execution on improved real property in Greeneville, Tennessee, owned by an intervening corporation, HEC-TINA, Inc. (“HECTINA”), and subject to a lease by another corporation, Plastic Innovation, Inc. (collectively, “Intervenors”), to satisfy a judgment against the original defendant/debtor corporation, Hydrogen Engine Center, Inc., of Iowa. The plaintiff alleged that Hydrogen Engine Center, Inc., was the parent corporation of HEC-TINA. Following a hearing and upon Intervenors’ pleadings, the Greene County Circuit Court (“trial court”) entered two orders, one granting Intervenors’ petition to intervene and one granting Intervenors’ motion to quash any levy of execution on assets owned by HEC-TINA. The plaintiff has appealed the latter order. Having determined that the order granting the motion to quash was entered based upon the consent and agreement of both the plaintiff and Intervenors, we affirm. We deny Intervenors’ motions to consider post-judgment facts and Intervenors’ request for attorney’s fees on appeal.