On April 17, 2018 a
Complaint,Petition
was filed
involving a dispute between
Lopez, Virginia,
Mejia, Raul,
and
Biegalski,
De La Mora,
Lopez,
for Declaratory Judgment
in the District Court of Miami-Dade County.
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Filing # 109269909 E-Filed 06/23/2020 01:16:18 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
RAUL MEJIA, and VIRGINIA LOPEZ
Plaintiffs,
CASE NO.: 2018-12371-CA
vs. DIVISION:
PEDRO GARCIA, as Property Appraiser of
Miami Dade County Florida; LEON M.
BIEGALSKI, as Executive Director of
Florida Department of Revenue; MARCUS
SAIZ DE LA MORA, as Tax Collector of
Miami Dade County, Florida
Defendants.
______________________________________________/
PLAINTIFFS’ MOTION TO AMEND COMPLAINT BY INTERLINEATION
Plaintiffs, Raul Mejia and Virginia Lopez, by and through their undersigned counsel,
and move for leave to amend their complaint by interlineation and state as follows:
1. On April 17, 2018, Plaintiffs filed their original complaint with a scrivener’s error in
the name of one Plaintiff. The name “Pedro Lopez (Property Appraiser)” should have been
“PEDRO GARCIA”. See Filing # 70815135 E-Filed 04/17/2018 11:59:48 AM
2. The Plaintiffs and the Defendants recognize the error and have accordingly changed
the name of the party in subsequent pleadings, and filings; however, the Clerk of Court
requires an order of this Court to change the name of the party from “PEDRO LOPEZ” to
“PEDRO GARCIA”.
MEMORANDUM OF LAW
Rule 1.190, Florida Rules of Civil Procedure, states “Leave of court [to amend] shall
be given freely when justice so requires.” Where the basis for the amendment is of a trivial
or formal nature which it apparent from the pleading or documents attached thereto, an
amendment by interlineation is proper. See Woodburn v. Fla. Dep't of Child. & Fam. Servs.,
Page 1 of 3
854 F. Supp. 2d 1184, 1210 (S.D. Fla. 2011) ("Subject to the discretion of the court, and in the
absence of a statute or rule of court providing otherwise, amendment by interlineation is
considered permissible, particularly in the case of an amendment of a trivial or formal nature.
[] It would go against the interests of the parties and this Court to require [Plaintiff] to
replead the entire Complaint on the basis of such an error.”) There is no prejudice to the
Property Appraiser whose name was subject to the scrivener’s error because that party
recognized the error, answered the complaint in the correct name, and appeared for
depositions.
Wherefore, Plaintiffs respectfully requests an order of this Court granting leave to
amend and correct the name of the party, “PEDRO LOPEZ” in Filing # 70815135 E-Filed
04/17/2018 11:59:48 AM to “PEDRO GARCIA”, order the Clerk of Courts to make said
correction, and for such further relief as this Honorable Court deems just and proper.
ANDRÉ GIBSON, CHARTERED
Andre A. Gibson
Attorney for Plaintiffs, Virginia and Raul Mejia
Florida Bar Number: 0635529
45 NE 67th Street,
North Miami Beach, FL 33162
Telephone: (305) 652-4900
E-Mail: AAGibson@Gibsontaxlaw.com
Secondary E-Mail: Efile@Gibsontaxlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic
mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com,
Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael
Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov,
Page 2 of 3
this 23rd day of June, 2020.
André A. Gibson
Attorney for Plaintiffs
Page 3 of 3
Document Filed Date
June 23, 2020
Case Filing Date
April 17, 2018
Category
Declaratory Judgment
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Filing # 109269909 E-Filed 06/23/2020 01:16:18 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIVIL ACTION RAUL MEJIA, and VIRGINIA LOPEZ Plaintiffs, CASE NO.: 2018-12371-CA vs. DIVISION: PEDRO GARCIA, as Property Appraiser of Miami Dade County Florida; LEON M. BIEGALSKI, as Executive Director of Florida Department of Revenue; MARCUS SAIZ DE LA MORA, as Tax Collector of Miami Dade County, Florida Defendants. ______________________________________________/ PLAINTIFFS’ MOTION TO AMEND COMPLAINT BY INTERLINEATION Plaintiffs, Raul Mejia and Virginia Lopez, by and through their undersigned counsel, and move for leave to amend their complaint by interlineation and state as follows: 1. On April 17, 2018, Plaintiffs filed their original complaint with a scrivener’s error in the name of one Plaintiff. The name “Pedro Lopez (Property Appraiser)” should have been “PEDRO GARCIA”. See Filing # 70815135 E-Filed 04/17/2018 11:59:48 AM 2. The Plaintiffs and the Defendants recognize the error and have accordingly changed the name of the party in subsequent pleadings, and filings; however, the Clerk of Court requires an order of this Court to change the name of the party from “PEDRO LOPEZ” to “PEDRO GARCIA”. MEMORANDUM OF LAW Rule 1.190, Florida Rules of Civil Procedure, states “Leave of court [to amend] shall be given freely when justice so requires.” Where the basis for the amendment is of a trivial or formal nature which it apparent from the pleading or documents attached thereto, an amendment by interlineation is proper. See Woodburn v. Fla. Dep't of Child. & Fam. Servs., Page 1 of 3 854 F. Supp. 2d 1184, 1210 (S.D. Fla. 2011) ("Subject to the discretion of the court, and in the absence of a statute or rule of court providing otherwise, amendment by interlineation is considered permissible, particularly in the case of an amendment of a trivial or formal nature. [] It would go against the interests of the parties and this Court to require [Plaintiff] to replead the entire Complaint on the basis of such an error.”) There is no prejudice to the Property Appraiser whose name was subject to the scrivener’s error because that party recognized the error, answered the complaint in the correct name, and appeared for depositions. Wherefore, Plaintiffs respectfully requests an order of this Court granting leave to amend and correct the name of the party, “PEDRO LOPEZ” in Filing # 70815135 E-Filed 04/17/2018 11:59:48 AM to “PEDRO GARCIA”, order the Clerk of Courts to make said correction, and for such further relief as this Honorable Court deems just and proper. ANDRÉ GIBSON, CHARTERED Andre A. Gibson Attorney for Plaintiffs, Virginia and Raul Mejia Florida Bar Number: 0635529 45 NE 67th Street, North Miami Beach, FL 33162 Telephone: (305) 652-4900 E-Mail: AAGibson@Gibsontaxlaw.com Secondary E-Mail: Efile@Gibsontaxlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via electronic mail to Timothy Dennis at Timothy.Dennis@myfloridalegal.com, Jon.Annette@myfloridalegal.com, Rebecca.Padgett@myfloridalegal.com; and Michael Mastrucci, Assistant County Attorney, mastrucc@miamidade.gov; emily@miamidade.gov, Page 2 of 3 this 23rd day of June, 2020. André A. Gibson Attorney for Plaintiffs Page 3 of 3