Polytec, Inc. v. Utah Foam Products, Inc.

This appeal is from a dismissal and a summary judgment granted on the basis of the counterplaintiffs’ lack of capacity or standing to sue. This Court has previously reversed a dismissal, and later a summary judgment, against these counterplaintiffs. Polytec, Inc. v. Utah Foam Products, Inc., 439 So.2d 683 (Ala.1983) (Polytec I), and 477 So.2d 295 (Ala.1985) (Polytec II).

Polytec, Inc., and its president, Phil Cashion, counterclaimed against Utah Foam Products, Inc., in Utah Foam’s action against Polytec on an account due. Poly-tec and Cashion also added four other defendants to their…