M & M Construction Co. v. Great American Insurance Co.

OPINION

NYE, Chief Justice.

This is an appeal from a summary judgment rendered in favor of appellee, Great American Insurance Company (Great American). The trial court granted Great American’s motion for summary judgment based upon the forfeiture of appellant’s corporate charter.

In November 1985, appellant, M & M Construction Company, Incorporated, (M & M), filed suit against Great American. Thereafter, M & M failed to pay its franchise taxes. As a result, its corporate charter was forfeited in July 1986.

In its motion for summary judgment, Great American alleged that M & M’s suit was barred by…