T.O.T.S. v. Whirlpool Corporation

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.