2d 182, 183-84 (Fla. 4th DCA 2007) (wrongful appointment of a corporate fiduciary charged with administering an estate); Regions Bank v. Kel Title Ins. This was opposed by BOPSL. This was a case of misidentification because the plaintiff named and sued the wrong entity. ATTORNEY ADVERTISING. Oct. 19, 2016), the Court of Appeals addressed an issue regarding whether the savings statute applied when the defendant argued that the party in the second suit was different from the party named in the first suit.. Wrong Person Named as a Defendant to a Lawsuit 627 [185 P. 850]; Craig v. San Fernando Furniture Co., supra, 89 Cal. A person who is named as a party to an action and subjected to the jurisdiction of the court is a party to the action. Restatement (Second) of Judgments 34(1) (1982). defendant to be sued, it was merely a misnomer: AIn the instant case, appellant's original complaint, admittedly filed within the period of the statute of limitations, named University Community Hospital, at 7201 North University Drive, Tamarac, Florida. For example, a business may be a sole proprietorship, a partnership or a corporation. If you have questions about how to bring a lawsuit against a business entity, please contact us! The wrongful act doctrine is slowly gaining traction in this state, and the interpreting caselaw is evolving. AtMilosevic & Associates,our team of Torontocorporate commercial lawyers regularly represent clients in complex commercial and real estate litigation matters, class actions, and appeals. This was opposed by BOPSL. Share on Facebook . :@;<98B1;8>=013",o="";for(var j=0,l=mi.length;j