Midfirst Bank v McKenzie

Holding The court affirmed the lower court’s order severing the third-party actions from the main foreclosure action, finding that the trial court providently exercised its discretion to promote the prompt resolution of an eighteen-year-old case. Additionally, the court dismissed the purported appeal by the deceased defendant because the filing attorney lacked the authority to act on his behalf.

The court’s words

The grant or denial of a request for severance is a matter of judicial discretion, which should not be disturbed on appeal absent a showing of prejudice to a substantial right of the party seeking severance

2026 NY Slip Op 06296, at the official text

the plaintiff's interest in the prompt resolution of this action, which has been pending for 18 years, and the lack of prejudice to Akesson or McLaney's estate

2026 NY Slip Op 06296, at the official text

the attorney who filed the notice of appeal listing him as an appellant did not have the authority to appeal on his behalf

2026 NY Slip Op 06296, at the official text