WILLIAMS
v.
PALM BEACH COMMUNITY COLLEGE FOUNDATION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This appellate dismissal arises from Williams's appeal of a trial court judgment in a dispute with Palm Beach Community College Foundation. Although the appeal is dismissed for failure to comply with procedural rules requiring submission of a settled statement of evidence, the court addresses the substantive merits, holding that Rule 1.540 permits correction of misspellings but not substitution of new parties after trial.
The appeal is dismissed for appellant's failure to comply with the procedural requirement to submit a trial court order settling and approving the statement of evidence. However, on the merits, the court holds that Florida Rule of Civil Procedure 1.540 permits correction of a misnomer (misspelling of a party's name) but does not permit substitution or addition of a new different party after trial.
[1] An appellate court may dismiss an appeal for failure to comply with court orders regarding the preparation of the appellate record.
[2] A rule permitting the correction of a misnomer does not allow for the substitution or addition of a new party after trial.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida Rule of Civil Procedure 1.540 permits the correction of a misnomer (the misspelling of a party's name); it does not permit the substitution or addition of a new different party after trial.”
Establishes the core holding distinguishing between permissible corrections of misspellings and impermissible substitutions of parties
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court entered a final judgment in a case between Williams and Palm Beach Community College Foundation. At the time the appeal was filed, no …
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2009-CV-51 Lower Case No.: 2009-SC-8068
ERNST URBAINCZYK, Appellant,
V.
JEFFREY J. KOZAK, Appellee.
Appeal from the County Court for Orange County, John E. Jordan, County Court Judge.
Michael E. Morris., Esq., for Appellant.
Lorraine M. Durham, Esq., for Appellee
Before POWELL, G. ADAMS, and EVANS, JJ.
PER CURIAM.
FINAL ORDER DISMISSING APPEAL
When this appeal was filed, there was no court reporter at the trial and thus no transcript of the proceedings. This Court entered an order on July 8, 2010 requiring Appellant to timely comply with Florida Rule of Appellate Procedure 9.200(b)(4), or this case would be dismissed. The order required Appellant to file a statement of the evidence, Appellee to file objections, and Appellant to submit the matter to the trial judge to settle and approve the statement so as to comply with the Rule. However, Appellant untimely served his Statement of the Evidence or Proceedings on July 21, 2010, past the deadline given him in our order. Appellee filed
and served his Objections and Proposed Amendments with the clerk of the trial court on August 6, 2010 and on November 15, 2010 a hearing was held on Appellant's Statement of Evidence. However, Appellant never submitted an order of the trial court settling and approving his Statement of Evidence as required by the Rule and this Court's Order. Although we dismiss this appeal, we will address the merits which involve questions of law. Florida Rule of Civil Procedure 1.540 permits the correction of a misnomer (the misspelling of a party's name); it does not permit the substitution or addition of a new different party after trial. See and compare G.B. Holdings, Inc. v. Steinhauser, 862 So. 2d 97 (Fla. 4th DCA 2003) (new party) and Williams v. Palm Beach Community College Foundation, Inc. 862 So. 2d 917 (Fla. 4th DCA 2003) (misnomer). Therefore, we could not, as Appellant requests, substitute Luxury Auctions International LLC for him as defendant in the final judgment, and we leave the matter of the correct spelling of his name to the trial court.
APPEAL DISMISSED.
DONE AND ORDERED at Orlando, Orange County, Florida, on this 10th day of May, 2011.
/S/ GAIL A. ADAMS Circuit Judge
/S/ ROM W. POWELL Senior Circuit Judge
/S/ ROBERT M. EVANS Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this day of , 2011, to the following: Michael E. Morris, Esq., P.O. Box 536044, Orlando, Florida 32853, and Lorraine M. Durham, Esq., 7575 Dr. Phillips Blvd., Ste. 255, Orlando, Florida 32819; and Honorable John E. Jordan, 425 Ν. Orange Avenue, Orlando, Florida 32801.
/S/ Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Williams v. The Palm Beach Cmty. Coll. Found., 862 So. 2d 917 (Fla. 4th DCA 2003)
- G.B. Holdings, Inc. v. Steinhauser, 862 So. 2d 97 (Fla. 4th DCA 2003)