Legal Question in Business Law in Texas

Wrong Plantiff?

If you have a name of a company

Like ABC LTD with a DBA of 123

example ABC LTD d/b/a/ 123

but have a limited partner named BB Abc LTD that has no dba

and draft up a contract with an employee for a non compete agreement that was drafted like this

BB ABC LLC d/b/a 123

notice the BB ABC adds LLC which it is not, its and LTD and it adds the DBA that belongs to the ABC LTD

If litigation is brought under the BB ABC LLC d/b/a 123 since it is not a company because our girls typed the agreements up wrong, can we bring an action even though the bb abc llc does not have a dba

?


Asked on 6/05/06, 1:02 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Wrong Plantiff?

A misnomer isn't fatal. But was the agreement with the limited partnership, or directly with the LLC that also happens to be a limited partner? Was the contract to benefit the LTD, or the LLC?

You'd be well advised to hire an attorney in your area to help you sort out just who should be the proper defendant.

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Answered on 6/05/06, 4:40 pm


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