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Ex parte Sterilite Corporation of Alabama6/7/2002
that case, there is no question that Homer has "standing," because Sterilite's alleged negligence or wantonness injured him, not his bankruptcy trustee. Further, in Property at 2018 Rainbow Drive, this Court observed that while objections to a plaintiff's standing are not waivable, objections based upon an action's not being prosecuted in the name of the real party in interest can be waived. 740 So. 2d at 1028 n.1 (citing 6A Charles Alan Wright et al., Federal Practice and Procedure ยง 1542, at 333 (1990)). We note that Sterilite made no objection based upon Homer's not being the real party in interest in any of its responsive pleadings; the only defense at issue is whether Homer had standing.
We conclude that Homer has "standing" to maintain this action, and because that was the only issue presented to this Court in this petition for the writ of mandamus, it is not necessary that we further address the question whether Homer or his bankruptcy trustee is the real party in interest. The trial court was correct in denying Sterilite's motion to dismiss, and Sterilite has not shown a "clear legal right ... to the order sought." Empire Fire & Marine Ins. Co., supra. Therefore, the petition for the writ of mandamus is due to be denied.
PETITION DENIED.
Moore, C.J., and Houston, See, Lyons, Brown, Johnstone, Woodall, and Stuart, JJ., concur.
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