MINERVA MARIE MENDEZ
v.
ELIZABETH ARAUJO D/B/A CONSIGNED COUTURE, AND ALFREDO ARAUJO D/B/A CONSIGNED COUTURE
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Mendez appealed the dismissal of her complaint against Elizabeth and Alfredo Araujo for injuries caused by Consigned Couture, LLC. The court affirmed dismissal as to the Araujos in their individual capacities but reversed to allow Mendez to amend her complaint to properly sue the LLC entity.
The court held that by naming the Araujos individually 'd/b/a Consigned Couture,' Mendez sued the Araujos in their individual capacities rather than the LLC entity, and the dismissal as to the individuals was proper. However, the court reversed the dismissal with prejudice and remanded to allow Mendez an opportunity to amend her complaint to sue Consigned Couture, LLC.
[1] Liability for corporate actions generally rests with the corporation itself, not its individual owners or managers.
[2] A lawsuit filed against an individual 'doing business as' a company name is a suit against the individual, not the company.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a party seeks recovery for injuries caused by a company or corporation, it is improper to seek relief from the owners or managers of that company or corporation.”
Establishes the fundamental principle that suits must be against the business entity, not individual owners, when the injury is caused by the business.
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Join FLexlaw to unlock all legal intelligenceMendez sought recovery for injuries caused by Consigned Couture, LLC, a company managed by Elizabeth and Alfredo Araujo. Mendez filed her complaint na…
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
MINERVA MARIE MENDEZ Appellant,
V.
ELIZABETH ARAUJO d/b/a CONSIGNED COUTURE, and ALFREDO ARAUJO d/b/a CONSIGNED COUTURE, Appellees.
Opinion filed: OCT 4 2017
Appeal from the County Court in and for Palm Beach County, Judge Ted Booras
For Appellant: Minerva Marie Mendez, pro se 138 La Mancha Avenue Royal Palm Beach, FL 33411
For Appellee: Elizabeth and Freddie Araujo, pro se 524 Northlake Boulevard, Suite A North Palm Beach, FL 33408
PER CURIAM.
We affirm the trial court's dismissal of Mendez's complaint against Elizabeth and Alfredo Araujo in their individual capacities. Mendez sought relief from the Araujos for the actions of Consigned Couture, LLC, a company managed by the Araujos. When a party seeks
recovery for injuries caused by a company or corporation, it is improper to seek relief from the owners or managers of that company or corporation. See, e.g., Seymour v. Panchita Inv., Inc., 28 So. 3d 194, 196 (Fla. 3d DCA 2010) (noting service on individual for actions of corporation was ineffective). Rather than filing a complaint against "Consigned Couture, LLC," Mendez did so against the Araujos "DBA Consigned Couture." By naming the defendants individually in this manner, Mendez sued the Araujos in their individual capacities and, contrary to Mendez's apparent intent, did not sue Consigned Couture LLC in any capacity. See Friedman v. Bielski, No. 2014AP000076 (Fla. 15th Cir. Ct. June 8, 2016) (holding that a suit against an individual "doing business as" another name is a suit against the individual). Accordingly, the trial court properly dismissed Mendez's complaint against the Araujos in their individual capacities.
We find, however, that the trial court erred by dismissing Mendez's complaint with prejudice without allowing her an opportunity to properly plead a cause of action against Consigned Couture LLC as it appears Mendez intended to do. See Horton v. Freeman, 917 So. 2d 1064, 1066 (Fla. 4th DCA 2006) ("trial courts must generally afford a litigant an opportunity to cure a defect in the pleading before dismissing it with prejudice."); Gladstone v. Smith, 729 So. 2d 1002, 1003 (Fla. 4th DCA 1999) ("[t]he opportunity to amend a complaint should be liberally given.").
Accordingly, the dismissal is AFFIRMED as to the Araujos in their individual capacities, but REVERSED to the extent that the trial court must allow Mendez the opportunity to plead a cause of action against Consigned Couture LLC.
FRENCH, BARKDULL, and ROWE, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
MINERVA MARIE MENDEZ Appellant,
V.
ELIZABETH ARAUJO d/b/a CONSIGNED COUTURE, and ALFREDO ARAUJO d/b/a CONSIGNED COUTURE, Appellees.
APPELLATE DIVISION (CIVIL): AY CASE NO: 2016AP900286 L.T. NO: 2016CC004622
Appeal from County Court in and for Palm Beach County, Florida; Judge Ted Booras
Appealed: November 28, 2016
DATE OF PANEL: SEPTEMBER 26, 2017 PANEL JUDGES: FRENCH, BARKDULL, ROWE AFFIRMED/REVERSED/OTHER: REVERSED PER CURIAM OPINION/DECISION BY: PER CURIAM
CONCURRING: DATE: get 2, 2017 get2, 22/810/2/17) DATE: 10/2/17 1417 ) DISSENTING: ) CONCURRING SPECIALLY: ) ) With/Without Opinion ) With/Without Opinion ) ) ) ) ) )
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)
- Katie K. Seymour as mother and next friend of Marquese Williams v. Panchita Inv., Inc., 28 So. 3d 194 (Fla. 3d DCA 2010)
- Horton v. Freeman, 917 So. 2d 1064 (Fla. 4th DCA 2006)