Wachovia Bank & Trust Co., N.A. v. Parker Motors, Inc.

BROCK, Judge.

Plaintiff argues that the Receiver has succeeded to all the rights and privileges of defendant; therefore, defendant has no right to defend itself or prosecute a counterclaim against plaintiff.

The Receiver has not undertaken to be substituted as the party defendant in defendant’s answer and counterclaim and the Receiver has not appeared in the Superior Court or in this Court in opposition to defendant’s effort to defend itself. It seems to us that if anyone has been aggrieved by the Order, denying the motion to strike defendant’s answer and counterclaim, it is the Receiver.…