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Ex parte Sterilite Corporation of Alabama6/7/2002
rt:
"Comes now the Defendant, Sterilite Corporation of Alabama, and moves this Court to enter an Order in accordance with Alabama Rule of Civil Procedure 12(b)(1), on the grounds that Plaintiff lacks standing to bring this action, and therefore, the Court lacks subject matter jurisdiction. As grounds for this Motion, Defendant shows as follows:
"....
"2) In cases where there is a bankruptcy estate, the right to pursue causes of action formerly belonging to the debtor vests in trustee for the benefit of the estate. See Scheinert v. Southern Rubber Co., 764 So. 2d 1291 (Ala. Civ. App. 2000)(quoting Cooks v. Jim Walter Homes, Inc., 695 So. 2d 19 (Ala. Civ. App. 1996)).
"3) The debtor has no standing to pursue such causes of action. Scheinert, 764 So. 2d at 1292.
"4) The issue of whether a party has standing may be raised at any time. McCurdy v. L.C. Properties, [L.L.C.], 781 So. 2d 991 (Ala. Civ. App. 2000).
"5) The trial court has no subject matter jurisdiction 'when a party without standing purports to commence an action.' City of Gadsden v. Property at 2018 Rainbow Drive, known as the Oasis, 740 So. 2d 1025 (Ala. 1999).
"6) The lack of standing is a jurisdictional defect and 'cannot be cured.' City of Gadsden, 740 So. 2d at 1028."
On November 26, 2001, the trial court entered the following order on its case action summary sheet:
"The Defendant, Sterilite Corp. of Alabama ('Sterilite')'s motion to dismiss pursuant to Rule 12(b)(1)[, Ala. R. Civ. P.,] is overruled. See Jinright v. Paulk, 758 So. 2d 553 [(Ala. 2000)]."
On January 4, 2002, Sterilite filed in this Court a petition for a writ of mandamus. On January 7, 2002, Sterilite filed a motion to stay pending a ruling from this Court on its petition for the writ of mandamus; the trial court granted that motion on January 17, 2002. On February 8, 2002, this Court ordered that an answer and briefs be filed; the order limited the answer and briefs to "the issue of whether [Homer] had standing to maintain this action against Sterilite and whether the trial court had subject-matter jurisdiction in this case." On February 28, 2002, Homer's bankruptcy trustee filed a motion asking the trial court to lift the stay in order to consider his motion to add himself as a plaintiff in this case.
Our review of a petition for writ of mandamus is settled.
"A writ of mandamus is an extraordinary remedy, and it will be 'issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.' Ex parte United Serv. Stations, Inc., 628 So. 2d 501, 503 (Ala. 1993). A writ of mandamus will issue only in situations where other relief is unavailable or is inadequate, and it cannot be used as a substitute for appeal. Ex parte Drill Parts & Serv. Co., 590 So. 2d 252 (Ala. 1991)." Ex parte Empire Fire & Marine Ins. Co., 720 So. 2d 893, 894 (Ala. 1998).
Sterilite argues that the trial court erred in denying its motion to dismiss because, it says, Homer does not have standing to bring this action. In reply, Homer argues that he does have standing and asserts that the appropriate question, not raised by Sterilite in the trial court, is whether he is the real party in interest. This Court has previously recognized that the principles of "real party in interest" and "standing" are distinguishable. In State v. Property at 2018 Rainbow Drive, 740 So. 2d 1025 (Ala. 1999), this Court observed:
"There are funda
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