A person who was not named as a defendant in the prior action, who did not formally intervene as a defendant in that action, and who was not treated as a defendant by the court or the plaintiff, has no standing to sue for malicious prosecution in filing or pursuing the prior action, even if he filed an answer in that action without permission from the court or the plaintiff and even if he might have had a sufficient interest in the suit (as beneficiary of the trust whose trustee was a named defendant) to have had standing in the prior action.