Legal Question in Civil Litigation in Florida

An alleged scrivener's error

I was ''sued'' for allegedly not paying a ''HOTEL'' for about 45 days worth of occupancy. Thier attorney filed several documents and sued me, not for $, but so that I would agree to vacate the property within twenty days of a stipulation agreement. The defendant(s) use a ''similar'' name (LLC) using the plural as opposed to the singular in company name, both appear to be valid with the division of corporations, however the one that filed suit does not own the hotel. Since that time I filed a law suit against the real LLC entity and now two cases are running simultaneously in ciruit and the other in county court. They defendant is attempting to correct the ''criveners error, the name that was originally used to file to suit against me. It was NOT a scriveners error, in am sure. It was in fraud in order to keep the actual entity's identity ''clean'' or otherwise ''not involved''. Is there a motion that I can file to contest the alleged ''scriveners error'' and proclaim that it was an intentional deception?


Asked on 7/02/06, 2:48 pm

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Re: An alleged scrivener's error

Sure,you can file a motion contesting the scrivener's error. Got proof? What do think will happen at the hearing? The attorney will say it is a scrivener's error (happens at the time), you say it isn't. Without proof, the Court is likely going to let the suit go forward as is. If you lose, be prepared to pay the other party's attorney's fees.

If you decide to file a motion, I suggest you do not use quotation marks or some other puncutation device to emphasize your point.

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Answered on 7/03/06, 10:58 am


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