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Schustz v. Buccaneer12/10/2002
he timing is inconsequential. As long as the entry was made before a dismissal by the court, it is a waiver to any and all claims as to service. It matters not that the trial court could have entered a dismissal sua sponte. The trial court did not and the entry is a waiver.
. It was manifest error for the trial court to dismiss Buccaneer, Inc. from this suit. We reverse as to the previous issues.
4. The trial court erred in dismissing Buccaneer, Inc., as a defendant because neither law nor equity will allow a corporation to divest itself of its assets, allow itself to be dissolved, deprive itself of the means to pay its debts and claims against it, and place itself practically beyond the reach of creditors by allowing its registered agent to resign and hide from service.
. Issue four concerns the sale and transfer of the Paddle Wheel Motel after the operator of Buccaneer, Inc. was made aware of the pending suit against Buccaneer for Lennie Schustz's death. After the fire, Buccaneer decided to sell the motel instead of rebuilding. Solarplex, Inc. wanted to buy. At the time of the transaction, Solarplex was not a legal and active entity, as it had been administratively dissolved on October 14, 1994.
. Actually, this issue has nothing to do with the dismissal of Buccaneer as a defendant but rather an argument to be made to the trial court on remand. This issue is not before us to decide.
. THE JUDGMENT OF THE HANCOCK COUNTY CIRCUIT COURT IS REVERSED AND REMANDED. COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLEES.
KING, P.J., THOMAS, LEE, IRVING, MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR. McMILLIN, C.J. AND SOUTHWICK, P.J., CONCUR IN RESULT ONLY.
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