In the Name of the Lawyer

The crafty Lawyer signed a lease under an abbreviation of the name of his P.A..  The lawyer's rent came due, and went unpaid.  The Landlord accelerated the rent and sued the lawyer personally.

The lawyer argued that he was not personally liable because both he and the Landlord knew the name on the lease was an abbreviation for a corporate entity that did in fact exist.  The Landlord argued that the Lawyer didn't spell the name of his P.A. right, and the corporations statute imposes personal liability on persons conducting business for non-existent corporations.  The circuit court agreed with the Landlord, and entered judgement against the Lawyer personally.

But lawyers never die, they just lose their appeal.  This Lawyer appealed and won.  Almost.  The appellate court sent the parties back to circuit court for the Landlord to prove that the lawyer knew of the P.A.'s non-existence (as mis-spelled) at the time he signed the lease.

The moral of the story:  If you can't do anything else, at least get the name right.  Presley v. Ponce Plaza Associates, 723 So.2d 328 (Fla. 3DCA 1998).

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