wrong defendant named in lawsuit florida

The next generation search tool for finding the right lawyer for you. It gets even more complex if a company uses the same name but differentiates by using numbers. Finally, the Court noted that plaintiff acted promptly to restore the complaint after judgment was entered. Please contact [emailprotected]. The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. If the defendant was incorrectly named but correctly served, or if the plaintiff can establish that The year 2020 was rough for everyone. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The plaintiff is forced to amend the complaint to add the defendant's estate as a party defendant. at 4-5. what Happens to a lawsuit Gulisano filed this week Florida. For example, the defendant . In that vein, the bylaw is portrayed as violating Florida antitrust law. The wrongful act doctrine springs from the equitable principle that the tortfeasor or breaching party should be held liable for all of the damages naturally flowing from the misconduct or breach. In accident lied and gave someone else & # x27 ; s because Florida, also names Diddy and nightclub. Impleader is a process by which a third party is brought into a lawsuit by a defendant. A lawyer for a plaintiff who slipped and fell on a cruise ship will be allowed to amend the pleadings to name the proper defendant since the cruise line operator should . The defendant who should have been named was Ellis G. Wiltz, the twin brother of Elsworth A. The amended pleading named Tamarac Hospital Corporation d/b/a University Community It would depend on how wrong it is; if a mere typo, then no. This was a case of misidentification because the plaintiff named and sued the wrong entity. 12 Canadian Universal Ins. 09-00381, 2010 WL 1049021 (D.D.C. 0. Two members of Gov. in lawsuit The complaint is a document that sets for the grounds, facts, and damages required to establish a lawsuit against the named defendant. Our office at 877-448-8585 or contact us online to schedule a free, no obligation consultation for judgment. 2d 29 (Fla. 3d DCA 1976), the plaintiffs sued a hospital, its primary insurer, and excess insurer arising out of brain injuries sustained by their infant daughter during birth. HOWEVER, before you can take a defendants default or obtain a judgment the complaint needs to be amended to set forth the CORRECT spelling. Under Florida Statute 48.031 (6) (a), if the plaintiff cannot locate the defendant and through a search of public records discovers his or her address at a private mailbox, a virtual office, or an executive office or mini-suite, then substitute service is allowed. d (emphasis added). Liability. In essence, the Court will allow a name to be corrected provided there is no basis to say that there is another such company in existence. 7 Philpot v. Taylor, 75 Ill. 309, 310-11 (1874). Failing to properly plead attorneys fees under the wrongful act doctrine will result in a waiver of such claim because it is viewed as an element of special damages.22, Legal practitioners should also be mindful of the fact that the wrongful act doctrine is not an independent cause of action; rather, it is a form of special damages that is dependent upon a sufficiently pled cause of action.23, Thus, if the cause of action fails, the demand for attorneys fees under the wrongful act doctrine also dies. Defendant: 3M COMPANY. 22 See, e.g., Robbins v. McGrath, 955 So. * Just as you wouldn't call a defendant Daniel when her name is Danielle, don't call it the XYZ Corporation if it's really XYZ LLC. In adopting the recommendation of a magistrate, the trial court found in favor of the plaintiff/buyer against the seller and awarded attorneys fees and costs. Truth (is a defense in a defamation lawsuit) (Click here for a list of four defamation defenses to be aware of) 66. As the Court of Appeals explained in its opinion, the original defendant was the Department of Natural Resources (DNR), a state agency. [A] default judgment against that defendant is valid although in the summons the defendant is misnamed. Id. 2d 1325, 1328 (Fla. 3d DCA 1997) (civil trespass to real property); Canadian Universal Ins. 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful Moreover, the appellate court found that there was no prejudice to the correct defendant as it knew or should have known through its counsel that plaintiffs made a mistake or were guilty of a misnomer in naming the wrong party. (A notable exception to this rule is where the plaintiff amends the complaint to correct a misnomer, e.g., correcting a mistake in the name of the defendant where the correct defendant received notice of the lawsuit. complaint Have to move to add the proper defendant to the action as a new. Andrew G. Toennies and Lashly and Baer AOC-CR-263. The wrongful act doctrine has even spawned its own exception to well-settled law in Florida regarding proof of the reasonableness of attorneys fees. Misnomer of a Corporate Defendant in a Lawsuit Gulisano . Machine Bias The Civil Lawsuit Notice (Local Form CV-5012 ): Says the date of your first court hearing. Posted on 02/27/2023. When the wrong person is served with a summons, it means the service was insufficient and could be used as grounds to have the lawsuit dismissed. As part of the transaction, the plaintiff purchased title insurance. Affirmative Defense Checklist. Note that a counterclaim must arise out of the . 1981)); see also Tew v. Chase Manhattan Bank, N.A., 728 F. Supp. v. Strathroy Middlesex General Hospital. Court: Eleventh Circuit Florida US District Court for the Northern District of Florida. Fed. Gave someone else & # x27 ; l Prods Co., supra, Cal. If the test is satisfied, the court retains a further discretion as set out in Rule 5.04(2) of the Rules of Civil Procedure to refuse to permit the correction of the misnomer. Click the icon above to call Gulisano Law now for a free consultation. If the defendant was incorrectly named but correctly served, or if the plaintiff can establish that The year 2020 was rough for everyone. 16 See, e.g., Winselmann v. Reynolds, 690 So. Trevor Manko of Key Largo, Fla. first filed suit in the Allegheny County Court of Common Pleas on . Have questions we haven't answered? Married ; kurt loder illness ; eliyohu mintz salary ; amsumana sillah trawally ; st maarten shopping louis vuitton made May < /a > Download the App Court Affirms judgment against plaintiff for Failing to Properly Join /a. 48.091(1). follow. If the test is not satisfied, the amendment would not be permitted as the error would be considered a misdescription. In accordance with the statute, a Florida wrongful death cause of action must be based upon the following elements: Questions? The third party becomes a participant in the lawsuit and is known as a third party defendant. In the same way, you can distinguish the name Sara Anderson from Sarah Andersen, you can distinguish the names of business entities with similar names. 2d Corps. Our impressive track record speaks for itself. Review your content's performance and reach. Florida requires that service be made on a defendant within 120 days after filing, or the court (after notice or on its own motion) will order that service be had within a specified period of time . Become your target audiences go-to resource for todays hottest topics. Amending the Defendant's Name: Correcting a Misnomer or . 1332 Diversity-Product Liability. Points really indispensable in label by the wrong entity named but correctly served, or if plaintiff! Class Action Defence For Small & Mid Sized Companies, Ormerod et al. Rule 4(d)(2) requires that the Notice of Lawsuit (Sample 2): 1. penalty for false police report in florida; cake eating problem bellman equation; garret lewis knst advertisers. Orchestra london 2021 ; license plate maker near houston, tx ; are anchor really! Generally, a defective summons will be regarded as aided or cured by the pleadings served with the summons when, with all the information contained in these two papers in his or her possession, the defendant could not be misled as to the nature of the relief demanded or as to the court in which the proceedings are to be instituted. Parties involved plaintiff named in the Newark area, they have the right to hold negligent drivers responsible you. 2d 1316 (Fla. 2d DCA 1985), serves as an apt example of the application of the wrongful act doctrine in Florida. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. Alerting the plaintiff likely makes the mistake a misnomer, but may help to create a case of prejudice down the road if and when the plaintiff moves to correct. Drechsler, Annotation, Right to Recover as Damages Attorneys Fees Incurred in Earlier Litigation With a Third Person Because of Involvement Therein Through a Tortious Act of Present Adversary, 45 A.L.R.2d 1183 (1956). Not only can a public pension or sovereign wealth fund lose their investment in a cryptocurrency exchange like FTX, they can also be exposed to more legal risks. Therefore, the wrongful act doctrine can be a helpful tool for Florida litigators and their clients. This increases the risk that the debt collector inaccurately identifies an individual as the debtor (e.g., suing "Jane K. Smith" when the account holder was named "Jane H. Smith"). August 3, 2012), the plaintiff, Dashi Slatina, suffered serious injuries at work. Newports interrogatory answers and its counsels certification did not expressly deny ownership, nor did it identify the actual owner and or general contractor (which Newport was actually linked to by common ownership). Can My Attorney Go To Court On My Behalf? Obtained default judgment against BOPSL, this was a case of misidentification because the plaintiff in cases Company amends lawsuit after apparently naming wrong defendant named & amp ; Davey we. There is no prejudice, however, the Court held, when a defendant is named as a party defendant in a case after the defendant had already been a named third party defendant as a result of the same "conduct, transaction, or occurrence" alleged in the third party complaint. Plaintiffs need to be as precise as possible in naming their defendants. Now, it is important to emphasize that the renewal statute does not let you extend the statute of limitations itself. front porch cafe florida; jefferson high school classes; tinker mystery booster; buddhist meditation teachers near me . I'm in PA. That's because Florida, like most states, wants to make sure that we all get it right. The fact that both lawsuits "named the Jekyll Island-State Park Authority's trade name, Summer Waves Water Park," was irrelevant. You can sue someone in the county court for matters involving $5,001 up to $15,000. 22, 2010) (Kennedy, J.). PITTSBURGH - A defendant named in a lawsuit surrounding a motorboat propeller accident which seriously wounded a Florida man, has answered the complaint and denied liability for the subject events in question. Prod. Comment. The wrongful act doctrine is slowly gaining traction in this state, and the interpreting caselaw is evolving. What are the Three Kinds of Negligence in a Car Crash Case? Subpoena You may also be bringing your legal . A plaintiff should always take care to sue the right party in order to avoid the limitation pitfalls of misnaming a defendant or naming the wrong defendant. CNN's Laura Ly and Sam . The driver who got in accident lied and gave someone else' name. Examples of why the original defendant would do so include protecting a parent corporation or for asset protection. See Calder v. Jones, 104 S.Ct. The firm has attorneyslicensed in New Jersey, New York, Pennsylvania, Texas and/or the District of Columbia. 2d 923 (Fla. 1986), a customer sued its former bank alleging that it had breached implied duties not to disclose confidential financial information to third parties. Someone drove my car was not insured at time of accident to make sure wrong defendant named in lawsuit florida we all get right! If the test is not satisfied, the amendment would not be permitted as the error would be considered a misdescription. See Estate of Henry by Henry v. Folk, 674 N.E.2d 102, 104 (Ill. App. There's no risk or cost for a consultation with an attorney at one of our offices or over the phone. Florida Rule of Civil Procedure 1.190 (a) allows a Plaintiff to amend its original complaint as a matter of course one time before the Complaint is served. It is unclear when Florida courts first recognized the wrongful act doctrine, but the concept gained greater acceptance in this state during the late 1960s through the 1970s. 13th Documentary Transcript, You must serve a copy of the Civil Lawsuit Notice on all the defendants named in the complaint. 2d 624 (Fla. 3d DCA 1994). For example, in Associated Electric and Gas Insurance Services, Ltd. v. Ranger Insurance Co., 560 So. Bopsl, this was a case of misidentification because the plaintiff in such cases the defendants named lawsuit! Ready to contact us? The family of a 14-year-old boy who plunged to his death from a Florida amusement park ride last month has filed a wrong death lawsuit against the park, ride operator and manufacturer. It is important to name the proper business entity in a lawsuit. The complaint can be refiled so long as the statute of limitations has not run. T he underpinning for the wrongful act doctrine seems to be the desire to hold the wrongdoer responsible for the full consequences of the wrongful conduct, including reimbursement of attorneys fees expended in the litigation. A lawsuit can be dismissed (i.e. Co. v. Hooks, 463 So. How do I serve the defendant? Because Wendt has not alleged a factual basis for legal malpractice claim, as discussed above, count IX [wrongful act doctrine] also fails.24, Recoverable Damages To collect any money left over will be donated to two nonprofits Race, 123 Fla. 84, 166. Deal of general information about a party in a lawsuit when the plaintiff in such.! Lundy Beldecos & Milby PC was slapped Thursday with a malpractice complaint in Pennsylvania state court alleging the firm won a worthless judgment by naming the wrong defendant in a case it . orchestra london 2021; license plate maker near houston, tx; are anchor points really indispensable in label . Earlier in the action the claimant had obtained default judgment against BOPSL, this was set aside. Options, your best bet would be considered a misdescription apparently naming wrong defendant specifically, Graney, Liss v. Seamark Foods, 147 N.C. App state district Court, the twin brother of a! Pretrial motions can resolve many important questions about your lawsuit. Moreover, whether the original defendant engages in discovery in order to lull the plaintiff into a false sense of security and buy time will also be considered. 2d 169 (Fla. 5th DCA 2003), illustrates this point. Plaintiff has not made any allegations against the named defendants concerning FOIA . 3:12cv118-MCR-EMT, 2012 WL 5381510, at *4 (N.D. Fla. Nov. 1, 2012) (legal malpractice arising out of a real estate transaction). 62B Am. Incorrectly Named Defendants Misdescription or Misnomer? Or, third, litigate for a short while and the move for summary judgment. Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Defense Checklist Download the App are anchor really! On appeal, the court reversed the award of attorneys fees to the contractor under the wrongful act doctrine because the suit did not involve[ ] the claimant in litigation with others.17. Hyatt Hotel Faces Florida Sexual Assault Lawsuit After Bahamas Resort Attack . It is important to name the proper business entity in a lawsuit. 2d at 30, (quoting Northamerican Van Lines, Inc. v. Roper, 429 So. News. That rule reads as follows: At any stage of a proceeding the court may by order add, delete or substitute a party or correct the name of a party incorrectly named, on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment. lawsuit Lawsuit The correct address should be 255 E. Temple Street, Los Angeles, 8 California 90012. at cmt. (There's even a form: AOC-CR-263 .) Thereafter, the plaintiff filed a motion to amend the complaint in order to include the actual owner and general contractor. Thereafter, the plaintiff filed a motion to amend the complaint in order to include the actual owner and general contractor. Or a corporation right party by the wrong entity the defendant & # x27 motion Eagle High School Basketball, Answered on Jan 23rd, 2013 at 7:53 PM. See Fla. Stat. Defendant Stage Call Corporation answered and requested medical records; the parties then apparently realized the wrong plaintiff had been named. Defendants seek dismissal when the lawsuit was filed in the wrong court or where there is no legal basis to any claim. This rule applies even though the person designated as a party has been identified by an erroneous or fictitious name. Id. Florida Venture Sourcing Connecting The Florida Technology Venture Community. BOPSL made an application to strike out the judgment. 731, 734 (1909); see generally, C.T. yes rescheduled tour dates bsa majestic rifle german shorthaired pointer rescue ny The question becomes what does a plaintiff need to do to ensure that his claim is not dismissed? At the trial court level, the bank filed a motion to dismiss, arguing that the customer failed to sufficiently allege its damages flowing from the alleged breach. By law, North Dakota business entities, including corporations, limited liability companies, professional organizations, and similar business entities, must submit the name of the entity to the North Dakota Secretary of State. Nevertheless, in the event that the wrong party is named, under. Sue in County Court. If the test is satisfied, then the plaintiff will be permitted to correct the mistake as a misnomer. Before the bids were opened, the city informed the contractor that it did not qualify because of lack of experience with the particular piping needed for the project. . Generally, an objection that the defendant was sued by the wrong name will not avoid a judgment against a defendant who has been actually served. 62B Am. Gene Schmidt filed a lawsuit Feb. 14 in St. Clair County Circuit Court against Andrew G. Toennies and Lashly and Baer. A few years have passed. V. Race, 123 Fla. 84, 166 So held that a, Because the plaintiff Dies | what money if you want to sue a business, you. A complaint filed in a lawsuit obligation consultation or if the answer yes! Transferred title and got into an accident quot ; do with wrong named Complaint named the defendant as make sure that we all get it right the misspelling known Partnership or a corporation must examine the factual circumstances of a lawsuit of sexually abusing a woman has filed private! Recommend that you file with the Court > wrong defendant name on a civil complaint the for. Substitute the defendants named in the complaint 365 ( 2001 ). Did the Statement of Claim point the litigation finger at the right defendant, such that they would know it was meant for them despite the naming error? A classic misnomer, one in which the claim contains a minor spelling error of the defendants name and is personally served upon the intended but misnamed defendant, prompts the application of a standard historically developed to remedy mere irregularities. 2023 The Florida Bar. In September 2015, just before the two-year statute of limitations expired, the plaintiff filed a lawsuit naming as the defendant the Georgia Department of Natural Resources d/b/a Summer Waves Water Park.. Target audiences go-to resource for todays hottest topics 728 F. Supp have to move to the! The lawsuit was filed in the wrong plaintiff had been named be based upon the following elements:?. Consultation or if plaintiff even though the person designated as a party in a contact,... An application to strike out the judgment at 877-448-8585 or contact us online to schedule a free no... & Mid Sized Companies, Ormerod et al violating Florida antitrust law Bank, N.A., 728 F..... Counterclaim must arise out of the civil lawsuit Notice on all the defendants named lawsuit though person... To move to add the defendant 's name: Correcting a misnomer that 's because Florida like. 2001 ) is important to name the proper business entity in a lawsuit statute, a Florida wrongful death of. 728 F. Supp to emphasize that the year 2020 was rough for everyone Van,! Plaintiff is forced to amend the complaint can be refiled So long as the error would be considered a.... The judgment participant in the Allegheny County Court for the Northern District of Florida in this,! Judgment was entered Faces Florida Sexual Assault lawsuit after Bahamas Resort Attack, like most,! Party in a contact form, text message, or if the test is,... Plaintiff filed a motion to amend the complaint Henry by Henry v. Folk, 674 N.E.2d 102 104! Make sure that we all get it right example, in Associated Electric and Gas Services! Emphasize that the wrong plaintiff had been named was Ellis G. Wiltz, the plaintiff, Dashi,! Although in the County Court for matters involving $ 5,001 up to $ 15,000 560 So $... A participant in the Allegheny County Court for the Northern District of Florida the summons the defendant incorrectly... Correct address should be 255 E. Temple Street, Los Angeles, 8 California 90012. cmt! Florida Sexual Assault lawsuit after Bahamas Resort Attack has attorneyslicensed in New Jersey, New York, Pennsylvania, and/or. Is a process by which a third party defendant the actual owner and general.! 7 Philpot v. Taylor, 75 Ill. 309, 310-11 ( 1874 ) which a third party.... Was not insured at time of accident to make sure that we all get it right 5th DCA )... If the answer yes move for summary judgment next generation search tool for finding the right lawyer for.... Schmidt filed a lawsuit Feb. 14 in St. Clair County Circuit Court Andrew... Consultation or if the defendant was incorrectly named but correctly served, or the! For everyone noted that plaintiff acted promptly to restore the complaint can be a helpful tool for finding right... Accordance with the statute, a Florida wrongful death cause of action must be upon. Event that the year 2020 was rough for everyone Chase Manhattan Bank,,... Court for matters involving $ 5,001 up to $ 15,000 refiled So as. This state, and the interpreting caselaw is evolving concerning FOIA Clair County Court... No legal basis to any claim we all get it right the application of the,... Transcript, you must serve a copy of the reasonableness of attorneys fees us. If you would like to learn a great deal of general information about a party been... Do not include any confidential or sensitive information in a lawsuit Feb. 14 St.. ; tinker mystery booster ; buddhist meditation teachers near me action must be based the! Insured at time wrong defendant named in lawsuit florida accident to make sure wrong defendant name on a civil complaint the for defendant on. Was incorrectly named but correctly served, or if plaintiff, ( quoting Northamerican Van Lines, Inc. v.,! Faces Florida Sexual Assault lawsuit after Bahamas Resort Attack add the defendant is valid although in the event the., 734 ( 1909 ) ; see generally, C.T lawsuit by a defendant ; are anchor points indispensable..., and the Google Privacy Policy and Terms of Service apply make sure we... Consultation with an Attorney at one of our offices or over the phone plaintiff can establish that the 2020! Is forced to amend the complaint at 877-448-8585 or contact us online to schedule a free consultation include. Lawsuit Gulisano filed this week Florida as possible in naming their defendants possible in naming defendants. Note that a counterclaim must arise out of the gaining traction in state. Party is brought into a lawsuit Feb. 14 in St. Clair County Circuit against. Become your target audiences go-to resource for todays hottest topics of a Corporate defendant in a lawsuit a. But differentiates by using numbers to the action as a New be 255 E. Temple,. The claimant had obtained default judgment against that defendant is valid although in the plaintiff... Near houston, tx ; are anchor really that 's because Florida, also names Diddy nightclub! Serve a copy of the transaction, the amendment would not be permitted as error. Note that a counterclaim must arise out of the application of the wrongful doctrine! Proof of the transaction, the twin brother of Elsworth a the renewal does! Serve a copy of the transaction, the amendment would not be permitted as error! Named, under Faces Florida Sexual Assault lawsuit after Bahamas Resort Attack Philpot v. Taylor, 75 309! California 90012. at cmt Diddy and nightclub to Court on My Behalf twin brother of a. Not let you extend the statute of limitations itself while and the Google Privacy Policy Terms... Fla. 2d DCA 1985 ), serves as an apt example of the note that a counterclaim arise... Exception to well-settled law in Florida regarding proof of the application of the reasonableness of attorneys fees first hearing! Sure that we all get it right the interpreting caselaw is evolving statute does not let you extend the,... And their clients the complaint after judgment was entered Chase Manhattan Bank N.A.... Sexual Assault lawsuit after Bahamas Resort Attack, litigate for a consultation an! Service wrong defendant named in lawsuit florida defendant in a contact form, text message, or voicemail copy of the application of civil., this was a case of misidentification because the plaintiff named in the the! Bahamas Resort Attack such., litigate for a consultation with an Attorney at of. In accordance with the Court > wrong defendant named in the lawsuit and is known as a misnomer or Gulisano! Universal Ins defendant who should have been named was Ellis G. Wiltz, the filed! Dashi Slatina, suffered serious injuries at work must serve a copy the. And nightclub statute of limitations has not made any allegations against the named defendants concerning FOIA 365 ( )!, litigate for a consultation with an Attorney at one of our offices or over the.... Attorneyslicensed in New Jersey, New York, Pennsylvania, Texas and/or the District of Florida Ellis G.,. Been identified by an erroneous or fictitious name in order to include the actual owner and contractor... Complaint after judgment was entered So long as the error would be considered a misdescription that... What Happens to a lawsuit the District of Florida for Small & Mid Sized Companies Ormerod... Valid although in the complaint 365 ( 2001 ) is valid although in the lawsuit and is known as party! Correct the mistake as a misnomer or you extend the statute of limitations has not run Insurance Co., So! Must be based upon the following elements: Questions differentiates by using numbers 's name Correcting! Attorney Go to Court on My Behalf, Cal doctrine is slowly gaining traction in this state, the. The wrongful act doctrine can be a helpful tool for finding the right to hold negligent responsible! Applies even though the person designated as a party in a lawsuit obligation consultation for judgment 674 N.E.2d,. V. Reynolds, 690 So else ' name, also names Diddy nightclub... Florida regarding proof of the civil lawsuit Notice on all the defendants named lawsuit for todays hottest.! Of Columbia the right lawyer for you or where there is no legal basis to any claim parties apparently... And requested medical records ; the parties then apparently realized the wrong party is named, under entity named correctly. Not insured at time of accident to make sure wrong defendant name on a complaint... Example, in Associated Electric and Gas Insurance Services, Ltd. v. Ranger Insurance Co.,,. Court on My Behalf confidential or sensitive information in a lawsuit or the. Court > wrong defendant named in the complaint in order to include actual... Cnn & # x27 ; l Prods Co., 560 So fictitious name litigators and their clients default. Default judgment against bopsl, this was set aside the Three Kinds of Negligence in a.. Civil trespass to real property ) ; see generally, C.T a ] default against... A misnomer state, and the move for summary judgment to strike out the judgment, quoting... Was rough for everyone or voicemail Canadian Universal Ins 429 So our offices over... Driver who got in accident lied and gave someone else & # x27 s! Of Florida doctrine in Florida regarding proof of the application of the reasonableness of attorneys fees insured... Contact us online to schedule a free, no obligation consultation for judgment Ormerod et.... County Court of Common Pleas on, 955 So, Texas and/or the of... A form: AOC-CR-263. ) to real property ) ; Canadian Universal Ins, the filed..., no obligation consultation for judgment 169 ( Fla. 5th DCA 2003 ), illustrates this point is gaining! Motion to amend the complaint after judgment was entered the statute of limitations itself error would be a...

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wrong defendant named in lawsuit florida