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Another Appellate Victory for Rosenthal Law Group

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 sanctions judgment.

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.

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