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Home / Opinion Digests / Civil Practice / Civil Practice – Statute of Limitations – Breach of Contract – Corporate – Bankruptcy (access required)

Civil Practice – Statute of Limitations – Breach of Contract – Corporate – Bankruptcy (access required)

Coderre v. Futrell Individual plaintiff Shane Coderre was not a party to the contract that he alleged defendants breached, nor did he allege that he was an intended third-party beneficiary of the contract; therefore, Coderre had no standing to file the breach-of-contract complaint. Since Coderre’s complaint was a nullity, its amendment to include the corporate plaintiff – which was a party to the contract – did not relate back to the filing of the original complaint. We affirm the trial court’s grant of defendants’ motion to dismiss.

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