Dixieland Assets v. Lewis

District Court of Appeal of Florida

Dixieland Assets v. Lewis

876 So. 2d 741, 2004 Fla. App. LEXIS 10465, 2004 WL 1562578

District Court of Appeal of Florida·Decided July 14, 2004·No. No. 1D03-5469·Published

Opinion

PER CURIAM.

Given the circuit court’s erroneous conclusion that petitioner is a corporation, we grant petitioner’s petition for a writ of certiorari and quash the circuit court’s order dismissing petitioner’s petition without prejudice to petitioner refiling a petition signed by a licensed attorney. See Riverwalk Apartments, L.P. v. RTM Gen. Contractors, Inc., 779 So.2d 537, 539 (Fla. 2d [742]*742DCA 2000) (“A fictitious name is just that — a fiction involving the name of the real party in interest, and nothing more.”).

GRANTED.

WOLF, C.J., KAHN and LEWIS, JJ., concur.

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PER CURIAM.

Given the circuit court’s erroneous conclusion that petitioner is a corporation, we grant petitioner’s petition for a writ of certiorari and quash the circuit court’s order dismissing petitioner’s petition without prejudice to petitioner refiling a petition signed by a licensed attorney. See Riverwalk Apartments, L.P. v. RTM Gen. Contractors, Inc., 779 So.2d 537, 539 (Fla. 2d [742]*742DCA 2000) (“A fictitious name is just that — a fiction involving the name of the real party in interest, and nothing more.”).

GRANTED.

WOLF, C.J., KAHN and LEWIS, JJ., concur.

Dixieland Assets v. Lewis, 876 So. 2d 741, 2004 Fla. App. LEXIS 10465, 2004 WL 1562578 (Fla. Ct. App. 2004).

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Opinion

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