Legal Question in Civil Litigation in Florida

Requirements to take over a pending civil suit as plaintiff

A florida corporation being sued by a foreign corporation in Florida Circuit court.

Foreign corporation enters liquidation several months after filing suit and is now being wound up by receivers.

Another foreign corporation is claiming to have taken over the assets of the plaintiff corporation - but shown us no evidence of this.

They have not and are not planning to file a substitution of party and claim that they are not required to.

This doesnt sound right to me - surely they must have to establish some claim or right before being able to take over this case. As it is now, everything in the paperwork reflects the original plaintiff - which would indicate that the receivers have the rights to the claim, and coudl also pursue it, but this other company is instructing the attorney ( same atorney as initial corporation ).

The transfer of rights that they claim took place was NOT as part of the liquidation.

Any Clues as to how thi smay be possible ?


Asked on 8/01/05, 11:43 am

1 Answer from Attorneys

Frederick Graves Jurisdictionary

Re: Requirements to take over a pending civil suit as plaintiff

It is not possible. Our tutorials will teach you how to demand evidence to get the case dismissed.

Read more
Answered on 8/01/05, 1:36 pm


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