Howell v. Fisher

VAUGHN, Judge.

The issue is whether plaintiff-stockholders’ suit was properly dismissed under Rule 12(b)(7) for failure tojointhe corporation as a necessary party. Plaintiffs contend that the court committed error on two alternative bases: (1) that even if the corporation were a necessary party, the action should have been continued to permit joinder; (2) the corporation was not, however, a necessary party because the complaint was an individual claim for personal wrongs done to them by defendants. At the outset, we note that dismissal under Rule 12(b)(7) is proper only when the defect cannot…