Legal Question in Consumer Law in Florida

I own a auto repair shop. Repaired a car and the owner of that car claimed the car broke down a week later. He took the car to another shop had it repaired then called me a told me to go pay the bill. I did not so he sued me and won a judgment against me . The judge then ordered a fact information sheet however it was determined that in filing the law suit the car owner filed the suit under the wrong name. He sued the wrong person. What the judge then did was cross out the wrong person's name and put my name in. does the judge have the authority simply cross out the wrong name and install mine

Asked on 9/03/13, 9:47 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

This probably depends on the facts. If this was just a scrivener's error (as in it was misspelled or a typo) and your were present defending the suit, it is probably fine. If this error was on a default then it may be an issue. You should probably consult with an attorney who can review the court records to advise you.

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Answered on 9/03/13, 9:54 am

Byron Petersen Byron G. Petersen P.A.

Most probably. And even if the court did not have this power (called "personal jurisdiction") the case would be dismissed with a new case immediately following.

This is not a legal opinion. To obtain a legal opinion you need to formally engage a Florida attorney and meet with your retained attorney one on one.

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Answered on 9/03/13, 10:30 am

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