Rosenthal Law Group recently prevailed in an appeal before the Third District
Court of Appeal of an amended final judgment entered by the Circuit Court
in Miami-Dade County arising out of a vehicle accident involving a cab.
The underlying case was not handled by Rosenthal Law Group. However, after
the judgment was entered and a sanctions judgment was entered against
the defendant/judgment debtor, the plaintiff sought to amend the two judgments
to correct a scrivener’s error in the judgments. The judgments were
entered against Yellow Cab, Inc., even though the lawsuit was filed against
Yellow Cab Company. After the trial judge granted the motion to amend
the judgments, but long after the original underlying judgments were entered,
the defendant/judgment debtor appealed the sanctions judgment arguing
that the trial court lacked authority to enter sanctions in the case.
Rosenthal Law Group filed an Answer Brief on behalf of the plaintiff arguing
that the appeal was untimely. Because the time to appeal the sanctions
judgment was within thirty days of the original judgment, the mere fact
that a scrivener’s error in the party name was changed did not resuscitate
the time to appeal. A three-judge panel of the Third District Court of
Appeal agreed and dismissed the appeal, leaving in place the underlying
Rosenthal Law Group not only handles commercial litigation and appeals
of its own cases, but it is also available to assist other firms with
appeals of their cases.