Friday, December 18, 2009

Court reviews denial of motion to amend and dismissal of the complaint.

T.O.T.S. (TEMP. OWNED TEMPORARY SERVICE) v. WHIRLPOOL (Tenn. Ct. App. December 18, 2009)

This appeal involves a complaint for breach of contract filed by a corporation that had been administratively dissolved prior to the date of the contract. The defendants filed a motion to dismiss, claiming that the plaintiff-corporation lacked capacity and/or standing to bring the suit. The plaintiff then filed a motion to amend, seeking to have the corporation's founder substituted as the party plaintiff. The trial court denied the motion to amend and dismissed the complaint. We affirm.

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