C.A. 6th;
H043476

The Sixth Appellate District reversed a judgment of dismissal. The court held that neither a corporation's dissolved status, nor its use of a fictitious business name, raised issues of either standing or jurisdiction.

The Rossdale Group, LLC sued Timothy Walton for malicious prosecution. Walton moved to dismiss for lack of standing and lack of jurisdiction because the named plaintiff was only a fictitious business name and the entity to which that name was registered was a dissolved Florida limited liability company called Miami Legal Resources, LLC. In opposition, Rossdale submitted a declaration stating Miami Legal's assets had simply been transferred to another entity, which continued to use the same fictitious business name.