Whether the state court trial judge, in an in rem proceeding, can strip the petitioner of his rights and benefits of equal protection to proceed as an intervenor and third-party plaintiff

QUESTION PRESENTED In this case, proceedings were removed from a State court to the Federal court. While pending in the Federal court, the Petitioner was granted intervenor status as a defendant under Fed. R. Civ. P. 24(a)(2) with neither restrictions nor stipulations, nor any objection or issue raised by the other parties. Subsequently, the case was remanded to State court where Petitioner proceeded, inter alia, as Third-party Plaintiff for more than two years. The original plaintiff nor any of the third-party defendants ever filed a Petition or Motion in protest of Petitioner’s Third-party Plaintiff status. After proceeding for more than two years, the State trial court judge, on a given day, randomly decided that there are neither Thirdparty plaintiffs nor Third-party defendants in the case and issued an injunctive order to that effect. The Petitioner, lacking the opportunity to be heard and placed in double jeopardy, filed an application for appeal of the injunctive order with the Court of Appeals of Georgia. The Court of Appeals held Petitioner to the strictness : of its Rule 31(e) [ in its dismissal despite the conditions of the trial court’s . arbitrary decision whereby there is no Petition or Motion which led directly to the arbitrary order neither are there responses to the non-existent petition or motion. The question is whether the State court trial judge, in an in rem proceeding, can strip Petitioner of his rights and benefits of equal protection to proceed as intervenor and third-party plaintiff in light of Woodward v. Lawson, 225 Ga.261,262 (167 SE2d 660)(1969). [1] Georgia Court of Appeals RULE 31(e). Required Attachments. The applicant shall include with the application a copy of any petition or motion that led directly to the order or judgment being appealed and a copy of any responses to the petition or motion. i