Dixieland Assets v. Lewis

Full title: DIXIELAND ASSETS, Petitioner, v. BONITA PITTS LEWIS, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Jul 14, 2004

876 So. 2d 741 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-5469.

Opinion filed July 14, 2004.

Petition for Writ of Certiorari — Original Jurisdiction.

Bill A. Corbin, pro se, for Petitioner.

Bonita Pitts Lewis, pro se, for Respondent.

PER CURIAM.

Given the circuit court's erroneous conclusion that petitioner is a corporation, we grant petitioner's petition for a writ of certiorari and quash the circuit court's order dismissing petitioner's petition without prejudice to petitioner refiling a petition signed by a licensed attorney. See Riverwalk Apartments, L.P. v. RTM Gen. Contractors, Inc., 779 So.2d 537, 539 (Fla. 2d DCA 2000) ("A fictitious name is just that — a fiction involving the name of the real party in interest, and nothing more.").

GRANTED.

WOLF, C.J., KAHN and LEWIS, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.