Miami, FL asked in Civil Litigation for Florida

Q: If my legal name does not appear on a motion to dismiss with prejudice, can I appeal after the judge closes the case?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Whoever filed the motion to dismiss failed to use your "legal name"? No, you could not successfully appeal.

Bruce Alexander Minnick agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Your inquiry is a bit vague. Are you saying you were a party to the case, and the judge dismissed your claim(s)? Also, not sure if you are talking about you having a legal name that's different from the name on all the court documents, or your name is missing. Court papers often leave off names of parties in the style (title) of the case by having [so-and-so], et al. (meaning "and others").

In any event. the language of the order that you seek to have reviewed in the appellate court is what really matters. To obtain reliable advice, you need to have a litigation or appellate attorney review the order and examine the situation.

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