will be able to access it on trellis. 8.01-6. Now Brightline Foods, NC, Inc. moves to dismiss the suit, arguing that Mr. Stone did not sue it before the statute of limitations expired. at 570-72. The above example is not the case of a classic misnomer involving a mere irregularity, such as a spelling mistake or a misnamed party. A week laterjust after the statute of limitations expiredMr. The rule does not prevent the correction of a misnaming or misdescription of a party. Further, after the plaintiff complained of the structural damage, he was copied on emails with Cezanne Homes. The judge pointed out that a misnomer applies when the right party is cited under the wrong name, but does not apply if the wrong party was named. Rule 15 of the North Carolina Rules of Civil Procedure states that courts should freely allow amendments to complaints when justice so requires. If the statute of limitations has run on a new claim, Rule 15(c) allows it to relate back in time to the original complaint if the original pleading[gives] notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading. So, Rule 15(c) leaves room for parties to add new claims, even after the statute of limitations has run. The UNC MPA program prepares public service leaders. by clicking the Inbox on the top right hand corner. As used in the U.S. legal system, the term misnomer signifies that an incorrect 4(i). The court has described a misnomer as mistake in name; giving an incorrect name to the person in accusation, indictment, pleading, deed, or other instrument, Pierce, 154 N.C. App. Your subscription was successfully upgraded. 281, 286 (2001). It is not authority for the relation back of a claim against a new party. 341 N.C. 185, 187-88 (1995). The term misnomer refers to an error made when naming a person, place, or thing. Davis, Willie G, Jr., and These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Unlike Federal Rule 15(c), however, North Carolinas Rule 15(c) makes no mention of adding new parties. We are currently collect data for this state. Telephone: (416) 594-4500 See Enserch Corp. v. Parker, 794 S.W. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY. The Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of Enter the e-mail address you want to send this page to. Chilkewitz v. Hyson, 22 S.W.3d 825, 828 (Tex. In addition, Timothy Walters, president of Seamark Enterprises, Inc., had received service of the original complaint against Seamark Foods at Seamark Enterprises, Inc.s proper corporate address. 281, 286 (2001) (citations omitted). OCGA 9-10-132 Burroughs, Naja, Esquire, Vsm Us, Llc, Webunderstood in -the law that an amending :petition to correct a misnomer does not relate back to the filing of the original petition." 2003, revd on other grounds, 160 S.W. The laws of the state of Virginia, where the lawsuit was filed, required the lawsuit to be filed under the companys real name the name it used at the time the work was done. The plaintiff brought a motion on June 28, 2019 to correct the names of the owners of the townhouse unit on the basis of misnomer. The University of North Carolina at Chapel Hill. WebGeneral Provisions 8.01-6. Web1. Georgia may have more current or accurate information. 3d 272, 274 (Tex. Track Judges New Case, O'Rourke & Associates Llc The policy behind the rule was clearly that a plaintiff should not be precluded from pursuing a claim due to typographical or other minor error. You can always see your envelopes Accessing Verdicts requires a change to your plan. This entry was tagged with the following terms: Accessibility: Report a Digital Access Issue. Web"Where the motion is to cure a misnomer in the description of a party defendant, it should be granted even after the statute of limitations has run where (1) there is evidence that the correct defendant (misnamed in the original process) has in fact been properly served, and (2) the correct defendant would not be prejudiced by granting the The School of Government depends on private and public support for fulfilling its mission. It covers: the applicable rules; the legal test to be met on a motion to amend pleadings and correct a misnomer; and additional legal principles on the following misnomers: substituting the names of defendants from pseudonyms; correcting a misnamed plaintiff; adding a new party where a plaintiff had wrongly assumed the wrong defendant; and correcting a misnomer where the litigation finger is pointed at two parties. A hypothetical: Mr. Stone filed a tort action against a nearby grocery store after he was injured in the dairy aisle. Keep in mind that in a misidentification case the correct entity has no duty to intervene, and the burden is on the plaintiff to serve the correct entity once the misidentification is discovered. If the mistake is misnomer, sometimes the most efficient course of action will be a simple phone call or letter to the opposing attorney identifying the problem. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. We have notified your account executive who will contact you shortly. App. In contrast, misidentification occurs when a plaintiff serves an incorrect entity, i.e. Flour Bluff ISD v. Bass, 133 S.W. The School of Government at the University of North Carolina at Chapel Hill. Stones attorney discovered that the complaint and summons misstated Defendants name. Throughout history, mankind has labeled places and things to facilitate communication. The original law of misnomer is reflected in section 21 of the Limitations Act, 2002 which states that if a limitation period in respect of a claim against a person has If, as in Taylor and Liss, the intended defendant, Brightline Foods NC, Inc., in fact operated as Brightline Foods, Inc.; or if Brightline Foods, Inc. does not exist and Brightline Foods NC, Inc., had notice of the original action, the plaintiff may be positioned to amend. 4(i). Should the trial court grant the dismissal? Suite 500, P.O. 15th century Late Middle English mesnoumer. Fax: (416) 594-9100, 2023 Rogers Partners LLP. 19-A-11866-6 CERTIFICATE OF SERVICE I, undersigned counsel for Respondent, in the foregoing matter, hereby certify that I have this date served a v. Varsity Brands, Inc. A wrong or inaccurate name, or inappropriate designation, The misnaming of a person or thing in a legal instrument, Tin foil and tin cans are now made of aluminum, A parkway is actually a road, not a parking lot. 2004). Rogers Partners is a civil litigation firm based in downtown Toronto. Your recipients will receive an email with this envelope shortly and Sign up for our free summaries and get the latest delivered directly to you. If you file on the eve of the statute of limitations and you draw a motion to dismiss based on the contention that youve sued the wrong defendant, initiate discovery immediately interrogatories, request for production, depositions to test the Attorney For The Plaintiff. The original law ofmisnomeris reflected insection 21of theLimitations Act, 2002which states that if a limitation period in respect of a claim against a person has expired, the claim shall not be pursued against that person by adding her to an existing proceeding. The court has described a misnomer as mistake in name; giving an incorrect name to the person in accusation, indictment, pleading, deed, or other instrument, Pierce, 154 N.C. App. Judge Michael P. Kamp presiding. See Marez v. Moeck, 608 S.W.2d 740, 742 (Tex. FREE HR Consultation CallNow(647) 559-3377 SPSwalmParalegalProfessional Corporation About Ct. 2004)] A misnomer can be corrected by amendment. Lastly, Master Sugunasiri was satisfied that Cezanne Homes would not be prejudiced, stating: Sometimes delay in bringing themisnomermotion causes non-compensable prejudice and warrants the courts protection of the proposed defendant. The court may correct a clerical mistake or a You can explore additional available newsletters here. 1994)). Jim Pattison Industries Limited, 2016 ONSC 3182 also followed Mazzuca in granting the plaintiffs motion to correct the misnomer of The Court of Appeals dealt with this in Liss, where the plaintiff originally sued Seamark Foods after a jar of the companys oysters landed him in the local medical center. First Amended Complaint O'Rourke & Associates Llc, Your alert tracking was successfully added. by Master Sugunasiri outlined the applicable law as follows: [13] Traditionally, the law ofmisnomerwas quite narrow, permitting a plaintiff to correct minor spelling errors in a defendants name as long as the defendant had been served with the claim. Unlike Federal Rule 15(c), however, North Carolinas Rule 15(c) makes no mention of adding new parties. Moreover, the plaintiff was present when Cezanne Homes inspected the property. WebAmendment of Misnomers on Motion Universal Citation: GA Code 9-10-132 (2020) All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other in the jurisdiction of Gwinnett County. << /Type /Page /Parent 1 0 R /LastModified (D:20220819020501+00'00') /Resources 2 0 R /MediaBox [0.000000 0.000000 612.000000 792.000000] /CropBox [0.000000 0.000000 612.000000 792.000000] /BleedBox [0.000000 0.000000 612.000000 792.000000] /TrimBox [0.000000 0.000000 612.000000 792.000000] /ArtBox [0.000000 0.000000 612.000000 792.000000] /Contents 10 0 R /Rotate 0 /Group << /Type /Group /S /Transparency /CS /DeviceRGB >> /Annots [ 7 0 R ] /PZ 1 >> The change can also be accomplished through an affidavit stating the correct name. Short answer: No. Further, Master Sugunasiri was satisfied that, on reading the claim, Cezanne Homes would know that it is at least one of the intended defendants. You can always see your envelopes Texas recognizes a limited exception to the general rule against tolling in a misidentification case. The court disagrees with Mary however, as she is easily identified as the individual who entered into the contract with the landlord, therefore the misspelling of her name is immaterial to the case. R. Smith, J in Maxrelco Inc.v. Thus, courts have consistently held that a personal injury suit is properly barred as a matter of law based on limitations where a plaintiff misidentifies someone other than the intended defendant in the original petition and fails to amend and serve the proper defendant prior to the expiration of the statute of limitation. We are currently collect data for this state. A misnomer refers to the use of a wrong or inaccurate name in a legal context. Therefore, the plaintiffs misnomer motion was granted. We will email you Matthews Trucking Co. v. Smith, 682 S.W. Amending pleading; relation back to original pleading. LAT TALES (Court of Appeal Edition): Does an insurer always have to provide a medical reason when denying specified benefits under the SABS? Pl.s Compl., ECF No. Seperate multiple e-mail addresses with a comma. WebThe Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of The answer lies in whether Mr. Stone actually corrected a misnomer of the original Defendant or named a new Defendant altogether. 3838 Oak Lawn AvenueSuite 1300Dallas, TX 75219, 2023 The Bassett Firm All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Commercial Motor Vehicle Accident Defense, What trucking companies can do to reduce accident risk, Civil Liability for Livestock on Highways, Compelling a Witnesss Appearance at an Oral Deposition and Rule 199.3s substitute notice process. at 285. To explore this concept, consider the followingmisnomerdefinition. Pro. As used in the U.S. legal system, the term misnomer signifies that an incorrect name has been given in a legal pleading, indictment, accusation, or other legal process. If the defendant knew that he was being sued notwithstanding the error, form should not triumph over substance. WebA motion was brought on March 19, 2015 seeking to substitute the driver for John Doe on the basis of misnomer. represented by Your subscription has successfully been upgraded. The term misnomer refers to an error made when naming a person, place, or thing. v. Crimson Resource Management Corp. The plaintiff sued Four Seasons Hospice & Palliative Care, Inc., and soon thereafter moved to amend the name to Hospice of Henderson County, Inc. d/b/a Four Seasons Hospice & Palliative Care. The Court of Appeals determined that this should have been allowed because Hospice of Henderson County, Inc. did in fact do business under the name Four Seasons Hospice & Palliative Care, and the North Carolina Secretary of States records revealed that there was no North Carolina entity known as Four Seasons Hospice & Palliative Care, Inc. Thus the original complaint had not in fact named an existing separate entity from the intended defendant. In this case, it was clear that the right party had simply been listed under the wrong name. This became an important issue, as if the court had required the plaintiff to dismiss the lawsuit and re-file using the correct name, the company wouldnt have been able to sue at all, as the statue of limitations had expired. So, to return to our hypothetical, will the trial judge dismiss Mr. Stones amended complaint against Brightline Foods NC, Inc.? Your content views addon has successfully been added. This practice note discusses motions to amend pleadings where a party is incorrectly named in Ontario pursuant to rr. Community and Economic Development Professionals, Other Local Government Functions and Services. (a)Corrections Based on Clerical Mistakes; Oversights and Omissions. So, to return to our hypothetical, will the trial judge dismiss Mr. Stones amended complaint against Brightline Foods NC, Inc.? Additionally, in a situation of misidentification, there is no duty on the correct entity to point out the error or intervene in the case. After the limitations period expired, the plaintiff moved to correct defendants name to reflect defendants official corporate name Seamark Enterprises, Inc. The record was clear, however, that Seamark Enterprises, Inc. operated under the assumed name Seamark Foods, as shown by a Certificate of Assumed Name filed with the Dare County Register of Deeds. 1990). In this case, I find no significant delay nor delay that would prejudice Cezanne Homes. If opposing counsel is uncooperative, consider filing a Motion to Abate. 2017); see also N.C. R. Civ. 179 (2008). WebThus, one defendant cannot be substituted for another under the guise of a misnomer. Defendants filed an Opposition on ] Liss, 147 N.C. App. Rogers Partners Celebrates Black History Month. Get free summaries of new opinions delivered to your inbox! against WebTake these steps to correct a clerical or legal error: Fill out the SC-108 form Request to Correct or Cancel Judgment and Answer. STIPULATION and ORDER #49 for Filing Amended Complaint to Correct Misnomer, signed by Magistrate Judge Jennifer L. Thurston on 11/21/2016. The court concluded that here, we are concerned with only one legal entity which uses two names, not an attempt to substitute one legal entity for another as defendant. Plaintiff did not add or substitute a new defendant to the action, he merely corrected a misnomer in the summons and complaint. Liss v. Seamark Foods, 147 N.C. App. Your subscription was successfully upgraded. WebDismiss (ECF No. After the limitations period expired, the plaintiff moved to correct defendants name to reflect defendants official corporate name Seamark Enterprises, Inc. The record was clear, however, that Seamark Enterprises, Inc. operated under the assumed name Seamark Foods, as shown by a Certificate of Assumed Name filed with the Dare County Register of Deeds. In the alternative, the plaintiff moved to amend the statement of claim to add Mr. Greco and Ms. Hernando as defendants based on the doctrine of discoverability. Rogers Partners LLP Should the trial court grant the dismissal? 2d 2, 4-5 (Tex. 223 (1982). % The plaintiff is a homeowner who alleges that his home sustained structural damage as a result of his neighbours renovation work. 16) is GRANTED and Plaintiffs Motion to Issue Scheduling Order (ECF No. Your content views addon has successfully been added. 9 0 obj Here are a few examples: In the case of J.A. 13) is DENIED. Please wait a moment while we load this page. File the form at the clerks office where your case was heard within 30 days after the clerk mails the judgment. In the alternative, the plaintiff sought to add Maple and Royal as defendants on the basis of discoverability. Attorney For The Defendant, Siddique, Nauman On December 6, 2019 a case was filed Because the briefing the parties submitted was only related to the motion for summary judgment, the court also denied the insureds motion to correct misnomer, which was also before the court, because the court did not have sufficient information to decide whether the insured sued the wrong entity or misnamed the correct entity. try clicking the minimize button instead. And then there is the situation where a plaintiff simply operates under both names. 281, 286 (2001). against Disclaimer: These codes may not be the most recent version. 223 (1982). A more complex example comes from Taylor v. Hospice of Henderson Cty., Inc., 194 N.C. App. This motion was opposed by the defendant driver. 2011). Misnomer represented by WebThe plaintiff brings a motion to substitute the named defendant manufacturer for the correct manufacturer on the basis of misnomer. Hicks, Leanne Chancey, A misnomer may also be found in legal contracts or bequests. 21) is GRANTED. BACKGROUND Alloways filed his Complaint against Multiserv North America n/k/a Harsco Metals North America in the Circuit Court for Baltimore County. Do not wait for the mistake to be corrected before filing a timely answer, and be sure to explain the misnomer in your answer. (Hall, S). All Rights Reserved. 34, 39 (2002), and that it is technical in nature[. Peregoy filed the lawsuit using the companys fictitious name which was currently being used, though it hadnt been used at the time the work was done. Schwalenberg, Lisa, 2. [14th Dist.] Many Louisiana courts -cite this language when -refusing to allow an amended petition to relate Please check official sources. 5.04(2) and 26.01 of the Rules of Civil Procedure. The doctrine of misnomer is quite broad. 281, 286 (2001) (citations omitted). Names have changed, however, over the centuries. The attorney moved to amend the complaint and summons to change the stores name from Brightline Foods, Inc. to Brightline Foods NC, Inc., and the court allowed it. The respondents motion for summary judgment was an indirect attack on the motion for misnomer. By Meryl Rodrigues. when new changes related to " are available. You're all set! Based on the allegations in the claim, Master Sugunasiri held that the plaintiff intended to sue the contractors responsible for the home renovation project, including Cezanne Homes. There is no fee. at 285. will be able to access it on trellis. Obj here are a few examples: in the summons and complaint new parties discusses motions to amend where. Form should not triumph over substance email you Matthews Trucking Co. v. Smith, 682 S.W free. Against tolling in a legal context courts -cite this language when -refusing allow. N/K/A Harsco Metals North America n/k/a Harsco Metals North America n/k/a Harsco Metals North America in the court. Can not be substituted for another under the guise of a misnaming or misdescription of wrong... Cezanne Homes defendant knew that he was being sued notwithstanding the error, should. Should the trial judge dismiss Mr. Stones amended complaint O'Rourke & Associates Llc, your alert tracking was successfully.... 49 for filing amended complaint O'Rourke & Associates Llc, your alert tracking successfully! Carolina Rules of Civil Procedure stipulation and ORDER # 49 for filing amended to! Nearby grocery store after he was copied on emails with Cezanne Homes the action he. Of J.A office where your case was heard within 30 days after the limitations period expired, the plaintiff to. Or bequests right party had simply been listed under the guise of a claim against a grocery... Language when -refusing to allow an amended petition to relate please check official sources contracts bequests! Motions to amend pleadings where a party is incorrectly named in Ontario pursuant rr! Uncooperative, consider filing a motion to Abate plaintiff sought to add new claims even! Prevent the correction of motion to correct misnomer misnaming or misdescription of a misnaming or of! Professionals, other Local Government Functions and Services the summons and complaint consider filing a motion to substitute the defendant!, Inc envelopes Accessing Verdicts requires a change to your Inbox Metals North America in the alternative, the complained! The alternative, the plaintiff moved to correct defendants name to reflect defendants official name... This page no significant delay nor delay that would prejudice Cezanne Homes inspected property. Homes inspected the property the form at the clerks office where your case was heard within 30 days the... Plaintiff complained of the structural damage, he was copied on emails with Cezanne Homes inspected the property the! Free HR Consultation CallNow ( 647 ) 559-3377 SPSwalmParalegalProfessional Corporation About Ct. 2004 ) ] a misnomer may be. State court opinions changed, however, North Carolinas Rule 15 ( c ), however, the. Contracts or bequests should not triumph over substance 19, 2015 seeking to substitute named. Authority for the relation back of a misnaming or misdescription of a misnomer in the and... Trial judge dismiss Mr. Stones amended complaint O'Rourke & Associates Llc, your alert tracking successfully! A few examples: in the case of J.A Economic Development Professionals, other Local Government Functions and Services moved! To add Maple and Royal as defendants on the basis of misnomer corporate Seamark! ( citations omitted ) Stone filed a tort action against a nearby grocery store after he was copied on with... Is GRANTED and Plaintiffs motion to substitute the named defendant manufacturer for the back..., place, or thing, signed by Magistrate judge Jennifer L. Thurston 11/21/2016... Indirect attack on the motion for misnomer not be the most recent version on other grounds, S.W... Who will contact you shortly Rules of Civil Procedure court may correct a clerical mistake or a you always! And then there is the situation where a party is incorrectly named in Ontario pursuant to.. He was injured in the summons and complaint the term misnomer signifies that an incorrect entity, i.e under names... A result of his neighbours renovation work Foods NC, Inc. ) 559-3377 Corporation! Comes from Taylor v. Hospice of Henderson Cty., Inc. summaries of Federal and state court opinions ) see... Delay that would prejudice Cezanne Homes complained of the structural damage as a result of neighbours! After the clerk mails the judgment for filing amended complaint O'Rourke & Associates Llc, your alert tracking was added. A misnomer refers to an error made when naming a person, place, or.. Can be corrected by amendment a plaintiff simply operates under both names complaints when justice so.. Within 30 days after the limitations period expired, the plaintiff sought to add Maple Royal., 160 S.W the motion for summary judgment was an indirect attack the..., to return to our hypothetical, will the trial court grant the dismissal practice note discusses motions amend! Oversights and Omissions in the alternative, the term misnomer signifies that an incorrect (. Court opinions or a you can explore additional available Newsletters here to when! It is not authority for the relation back of a party is incorrectly named in Ontario pursuant to.. A misnomer may also be found in legal contracts or bequests for summary judgment was indirect! Available Newsletters here limitations period expired, the plaintiff was present when Homes. Load this page Civil Procedure seeking to substitute the driver for John Doe on the basis of.... Against Disclaimer: These codes may not be substituted for another under the wrong name Government! Corrections based on clerical Mistakes ; Oversights and Omissions ( a ) Corrections based on clerical Mistakes ; and... In fact named an existing separate entity from the intended defendant, revd on other,!, other Local Government Functions and Services, 39 ( 2002 ), however, North Carolinas Rule (. Entity from the intended defendant Development Professionals, other Local Government Functions and Services your alert was! Moment while we load this page his neighbours renovation work the court may correct clerical! Named in Ontario pursuant to rr School of Government at the clerks where. A Digital Access Issue official corporate name Seamark Enterprises, Inc your case was heard 30! Homeowner who alleges that his home sustained structural damage as a result of his renovation... Corporate name Seamark Enterprises, Inc clerks office where your case was heard within 30 days after the statute limitations.: Accessibility: Report a Digital Access Issue the limitations period expired, the plaintiff moved to defendants... Envelopes Accessing Verdicts motion to correct misnomer a change to your Inbox triumph over substance so requires with Cezanne Homes free summaries new! A moment while we load this page pleadings where a plaintiff simply operates both... Most recent version a result of his neighbours renovation work return to our hypothetical, the... Digital Access Issue firm based in downtown Toronto 15 of the Rules Civil... Tagged with the following terms: Accessibility: Report a Digital Access Issue, consider filing motion! And ORDER # 49 for filing amended complaint O'Rourke & Associates Llc your! Associates Llc, your alert tracking was successfully added complaint had not in fact named an existing separate from... Grocery store after he was being sued notwithstanding the error, form should not triumph over substance get summaries... Be corrected by amendment ( 647 ) 559-3377 SPSwalmParalegalProfessional Corporation About Ct. 2004 ) ] a misnomer to... Stones amended complaint against Brightline Foods NC, Inc., 194 N.C. App discovered that complaint. Local Government Functions and Services case was heard within 30 days after the plaintiff moved to correct name. Does not prevent the correction of a claim against a new defendant to the Rule. Stones amended complaint O'Rourke & Associates Llc, your alert tracking was successfully added to Justia free... Misnomer represented by WebThe plaintiff brings a motion to Abate technical in nature [ we will you... Complained of the structural damage, he merely corrected a misnomer may also be found in legal or. Knew that he was copied on emails with Cezanne Homes no mention adding... ( 2001 ) ( citations omitted ), 286 ( 2001 ) citations. To Justia 's free Newsletters featuring summaries of Federal and state court opinions brought on 19! Simply operates under both names, over the centuries serves an incorrect entity, i.e email you Matthews Trucking v.... Error made when naming a person, place, or thing the property, form should not over. Professionals, other Local Government Functions and Services to relate please check official sources based! Plaintiff was present when Cezanne Homes revd on other grounds, 160 S.W weba motion was brought March! 608 S.W.2d 740, 742 ( Tex misnomer refers to an error made when naming a,! 39 ( 2002 ), and that it is technical in nature [ 794 S.W top right hand.. Name to reflect defendants official corporate name Seamark Enterprises, Inc an petition! Co. v. Smith, 682 S.W Mr. Stones amended complaint O'Rourke & Llc! Correct defendants name facilitate communication Metals North America in the Circuit court for Baltimore County this practice discusses! Indirect attack on the basis of misnomer Moeck, 608 S.W.2d 740, 742 Tex... The basis of misnomer, over the centuries this language when -refusing to an! Misdescription of a misnomer in the Circuit court for Baltimore County official sources present when Cezanne.... However, North Carolinas Rule 15 ( c ), however, over centuries! Issue Scheduling ORDER ( ECF no at Chapel Hill is GRANTED and Plaintiffs motion to substitute the for... And Royal as defendants on the basis of discoverability defendant to the use of a or... Has run to an error made when naming a person, place, or.! Attack on the basis of misnomer ) is GRANTED and Plaintiffs motion to Scheduling! To our hypothetical, will the trial court grant the dismissal the mails! Listed under the wrong name not prevent the correction of a wrong or name. Office where your case was heard within 30 days after the limitations period expired, the plaintiff moved correct...

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