National Lumber Massachusetts Business Trust v. Paxor Construction LLC et al.

Issues on Appeal

The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).

Rule Type

Rule 7 Mandatory

Type

Civil

Subtype

Tort/Contract/Real Property

Whether a foreign business that becomes defunct prior to judgment, was administratively dissolved, and lost its certificate of authority prior to judgment can be replaced as the plaintiff by way of a post-judgment substitution with another foreign business that has not obtained a certificate of authority, when the case involved the transaction of business in New Hampshire. Whether the trial court erred by treating the language of RSA 293-A:15.02 as discretionary, when the statute provides that a foreign business transacting business in New Hampshire cannot prosecute a lawsuit without a certificate of authority and that a substituting party must obtain a certificate of authority.