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Filing # 103895674 E-Filed 02/25/2020 04:57:57 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR ORANGE COUNTY
DIANA K. WINKLER and ) Case No. 48-2018-CA-006581
MICHAEL J. WINKLER,
Plaintiffs,
v
CHRISTOPHER P. HANCOCK;
LUXUS LEGAL, LLC;
HANCOCK & ASSOCIATES, P.A.;F
ANDREA A. McCREARY a/k/a
A. AURORA McCREARY; MICHAEL E.
MORRIS; LAW OFFICE OF MICHAEL
E. MORRIS, P.A.; HYATT LEGAL
PLANS OF FLORIDA, INC; JENNIFER )
ENGLERT; and THE ORLANDO LAW GROUP )
Defendants,
VERIFIED AMENDED MOTION FOR ENTRY OF ORDER
ALLOWING PLAINTIFFS TO AMEND PLEADING TO CORRECT MISNOMER
COMES NOW, the Plaintiffs, DIANA K. WINKLER and MICHAEL J.
WINKLER, by and through their undersigned attorney, and pursuant
to Rule 1.190(a) of the Florida Rules of Civil Procedure, move for
entry of order granting them leave them to amend their complaint,
most recently filed in the form of Plaintiffs’ Second Amended
Complaint in the above styled ase, specifically to address
misnomers appearing in the style of the case. In particular, this
amended motion seeks to correct the following misnomers: (1) remove
language suggesting that the plaintiffs include any class of
plaintiffs, which was inadvertently included in the style of the
Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1
laintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 2 of6
Second Amended Complaint as filed!; and (2) correct two misnomers
regarding two of the identified defendant law firms in this case.
We respectfully suggest that courts have permitted pleadings to be
corrected for misnomers because the trial of a lawsuit should be
a sincere effort to arrive at the truth. See, e€.g., Sexton v.
Panning Lumber Co., 260 So.2d 898, 899, 903 (Fla. qth DCA
1972) (substituting the name “Panning Lumber and Supply Company”
wherever the name “Panning Lumber Company” appeared, to correct
misnomer created when the entity sued and the entity intended to
be sued were related companies functioning through the same
management structure).
The names of the law firms to be corrected in the style of
the case are as follows:
1. Defendant The Orlando Law Group. The Winklers when
appearing pro se originally understood that Defendant Jennifer
Englert’s law firm identified itself as simply The Orlando Law
Group. The Winklers, by and through their undersigned attorney,
have now discovered through painstaking review of sunbiz.org and
filings appearing therein, that the correct name of the Englert
law firm, and defendant in this action is The Orlando Law Group,
PL, a Florida professional limited liability company. In seeking
to dismiss the amended complaint as filed by Plaintiffs, Defendant
1 See attached first page of Second Amended Complaint, as filed on December 2, 2019, attached as Exhibit “A”,
with proposed corrections to the style of the case.
Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1
Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page3 of 6
Jennifer Englert and her law firm have appeared and raised no
objection to the same, as dit further appears this to be a
fictitious name with proper service on the professional limited
liability company. As this appears to be a mere misdescription of
a party defendant, leave is hereby sought to correct the misnomer
as the party, correct the pleading, and style of the case, as this
entity is otherwise a de facto party defendant in control of their
defense in further of their own interest and enjoy all rights of
actual party defendants. Lindsey Vv H.H. Raulerson, Jr. Mem’1
Hosp., 505 So.2d 577, 578 (Fla. 4th DCA 1987) and RHPC, Inc. Vv.
Gardner, 533 So.2d 312, 314 (Fla. 2d DCA 1988).
2 Defendant Law Office of Michael E. Morris, P.A. The
undersigned attorney, have
Plaintiffs, by and through their
discovered that while they previously sued a proper party going by
the original name, the Law Office of Michael E. Morris, P.A., an
examination of sunbiz.org reveals that, in fact, that law firm
became Morris & Hancock, P.A. in 2014, and then became McCreary &
Hancock, P.A. in 2015, and then became the Hancock Law Group, P.A.
in 2016, just prior to this law firm filing Articles of Dissolution
and a Notice of Dissolution in December, 2016. This law firm has
been served. The law firm defendant has now appeared, as Hancock
Law Group, P.A., and it is being represented by defendant Michael
EB Morris. There is no prejudice to the Defendants by the Court
granting Plaintiff’s motion for issuance of an order granting the
Winkle tal., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1
Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 4 of6
requested relief.
Accordingly, the Winklers seek entry of an order by which to
correct the pleading and misnomers appearing, as follows:
1 Remove any reference in the style of the case, suggesting
that the Plaintiffs include any class which was inadvertently
included in the style of the Second Amended Complaint as filed;
2 Change the identity of the defendant law firm in the
style of the case from Law Office of Michael E. Morris, P.A. to
the Hancock Law Group, P.A., a dissolved Florida professional
association;
3 Change the identity of the defendant law firm, The
Orlando Law Group to The Orlando Law Group, PL.
The aforementioned corrections are shown on the attached
war
Exhibit
Winkler, et al., v. Hancock, et al.,; Ca: No.2018-CA-006581-0; CPLS File No, 3838-1
Plaintiffs Motion for E rd cave to Amend: Page 5 of6
WHEREFORE, Plaintiffs move this Court for entry of an order
to permit correction of the pleadings for misnomer and such
other relief inclusive of the filing of a Second Amended
Complaint, as this Court deems just and appropriate
qi, 44
Dated 9 as Qo
“if
Uy LH
Diana finkler
“Le
Dated 40 ——
Winkler
STATE OF Tr)
COUNTY OF SSemwoale
Sworn to (or affirmed) and subscribed before me by means of
Ta physi cal presence or O online notarization, thisQ Sed day of
STDiareklLoinkley
F 2020 by Yi cles nvler + wh is personally
,
known to me or who has produced as
identification
(AFFIZ NOTARY STAMP)
Notary Public
ss et Notary Public State of Florida
Pamela K Rudolph
x 5 My Commission GG 109504
Fe of Expires 05/30/2021
Nemes 4 \o 2s k dala
My Commission Ends:_S/Qo0 )
Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1
Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 6 of6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document
was filed using the court electronic filing system which will send
notice to all parties.
PLS, P.A.
Attorneys|Consultants |Mediators
201 Pine Street,
E. Suite 445
Orlando, Florida 32801
407-647-7887/407-647-5396 (Fax)
Attorney for Plaintiffs
CPLS File No.: 3838-1
Dated: ARS 92 By:
T. Scott Tufts, Esq.
Florida Bar No. 0168841
stufts@cplspa.com
Exhibit A
Filing # 99634472 E-Filed 12/02/2019 01:23:17 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
DIANA K. WINKLER and )
MICHAEL J. WINKLER, INDIVIDUALLY,
v (1)
and_ON-BEHALE OF THEMSELVES—AND
AbBL-OTHERS SIMIDAREY -STPUATED AS~
TO-CLASS—COUNES AGATSE
ARLE SEGAL -PHANS-OF -FEOREBA, EH )
Plaintiffs, )
v )
Case No. 48-2018-CA-006581
CHRISTOPHER P. HANCOCK;
LUXUS LEGAL, LLC,
HANCOCK & ASSOCIATES, P.A.;
Y 6
ANDREA A. McCREARY a/k/a
A. AURORA AR
AR MICHAEL E.
MORRIS HANCOCK LAW GROUP, P.A.;
-A.
HYATT LEGAL PLANS O OR D INC;
(2)
JENNIEER ENGLERT; and
HE ORLANDO LAW GROUP, PL,
Defendants,
SECOND AMENDED COMPLAINT
COMES NOW, DIANA & MICHAEL WINKLER (hereafter the
“WINKLERS”) and sues Defendants, Christopher PB Hancock
(“HANCOCK”), and his entities, Luxus Legal, LLC (“LUXUS”) and
P.A. (H and A”); Jennifer Englert
Hancock & Associates,
(“ENGLERT”), and her law firm, The Orlando Law Group, PL
(“TOLG”); Michael E. Morris (“MORRIS”), and the Hancock Law
Group, P.A. (f/k/a the Law Office of Michael E. Morris, P.A.,
£/k/a Morris & Hancock, P.A., £/k/a McCreary & Hancock,
P.A.) (“M&H”) ; Andrea A. McCreary (“McCREARY”); and Hyatt Legal
Plans of Florida, Inc. (“HYATT LEGAL”), and says:
Preview
Filing # 103895674 E-Filed 02/25/2020 04:57:57 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR ORANGE COUNTY DIANA K. WINKLER and ) Case No. 48-2018-CA-006581 MICHAEL J. WINKLER, Plaintiffs, v CHRISTOPHER P. HANCOCK; LUXUS LEGAL, LLC; HANCOCK & ASSOCIATES, P.A.;F ANDREA A. McCREARY a/k/a A. AURORA McCREARY; MICHAEL E. MORRIS; LAW OFFICE OF MICHAEL E. MORRIS, P.A.; HYATT LEGAL PLANS OF FLORIDA, INC; JENNIFER ) ENGLERT; and THE ORLANDO LAW GROUP ) Defendants, VERIFIED AMENDED MOTION FOR ENTRY OF ORDER ALLOWING PLAINTIFFS TO AMEND PLEADING TO CORRECT MISNOMER COMES NOW, the Plaintiffs, DIANA K. WINKLER and MICHAEL J. WINKLER, by and through their undersigned attorney, and pursuant to Rule 1.190(a) of the Florida Rules of Civil Procedure, move for entry of order granting them leave them to amend their complaint, most recently filed in the form of Plaintiffs’ Second Amended Complaint in the above styled ase, specifically to address misnomers appearing in the style of the case. In particular, this amended motion seeks to correct the following misnomers: (1) remove language suggesting that the plaintiffs include any class of plaintiffs, which was inadvertently included in the style of the Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1 laintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 2 of6 Second Amended Complaint as filed!; and (2) correct two misnomers regarding two of the identified defendant law firms in this case. We respectfully suggest that courts have permitted pleadings to be corrected for misnomers because the trial of a lawsuit should be a sincere effort to arrive at the truth. See, e€.g., Sexton v. Panning Lumber Co., 260 So.2d 898, 899, 903 (Fla. qth DCA 1972) (substituting the name “Panning Lumber and Supply Company” wherever the name “Panning Lumber Company” appeared, to correct misnomer created when the entity sued and the entity intended to be sued were related companies functioning through the same management structure). The names of the law firms to be corrected in the style of the case are as follows: 1. Defendant The Orlando Law Group. The Winklers when appearing pro se originally understood that Defendant Jennifer Englert’s law firm identified itself as simply The Orlando Law Group. The Winklers, by and through their undersigned attorney, have now discovered through painstaking review of sunbiz.org and filings appearing therein, that the correct name of the Englert law firm, and defendant in this action is The Orlando Law Group, PL, a Florida professional limited liability company. In seeking to dismiss the amended complaint as filed by Plaintiffs, Defendant 1 See attached first page of Second Amended Complaint, as filed on December 2, 2019, attached as Exhibit “A”, with proposed corrections to the style of the case. Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1 Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page3 of 6 Jennifer Englert and her law firm have appeared and raised no objection to the same, as dit further appears this to be a fictitious name with proper service on the professional limited liability company. As this appears to be a mere misdescription of a party defendant, leave is hereby sought to correct the misnomer as the party, correct the pleading, and style of the case, as this entity is otherwise a de facto party defendant in control of their defense in further of their own interest and enjoy all rights of actual party defendants. Lindsey Vv H.H. Raulerson, Jr. Mem’1 Hosp., 505 So.2d 577, 578 (Fla. 4th DCA 1987) and RHPC, Inc. Vv. Gardner, 533 So.2d 312, 314 (Fla. 2d DCA 1988). 2 Defendant Law Office of Michael E. Morris, P.A. The undersigned attorney, have Plaintiffs, by and through their discovered that while they previously sued a proper party going by the original name, the Law Office of Michael E. Morris, P.A., an examination of sunbiz.org reveals that, in fact, that law firm became Morris & Hancock, P.A. in 2014, and then became McCreary & Hancock, P.A. in 2015, and then became the Hancock Law Group, P.A. in 2016, just prior to this law firm filing Articles of Dissolution and a Notice of Dissolution in December, 2016. This law firm has been served. The law firm defendant has now appeared, as Hancock Law Group, P.A., and it is being represented by defendant Michael EB Morris. There is no prejudice to the Defendants by the Court granting Plaintiff’s motion for issuance of an order granting the Winkle tal., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1 Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 4 of6 requested relief. Accordingly, the Winklers seek entry of an order by which to correct the pleading and misnomers appearing, as follows: 1 Remove any reference in the style of the case, suggesting that the Plaintiffs include any class which was inadvertently included in the style of the Second Amended Complaint as filed; 2 Change the identity of the defendant law firm in the style of the case from Law Office of Michael E. Morris, P.A. to the Hancock Law Group, P.A., a dissolved Florida professional association; 3 Change the identity of the defendant law firm, The Orlando Law Group to The Orlando Law Group, PL. The aforementioned corrections are shown on the attached war Exhibit Winkler, et al., v. Hancock, et al.,; Ca: No.2018-CA-006581-0; CPLS File No, 3838-1 Plaintiffs Motion for E rd cave to Amend: Page 5 of6 WHEREFORE, Plaintiffs move this Court for entry of an order to permit correction of the pleadings for misnomer and such other relief inclusive of the filing of a Second Amended Complaint, as this Court deems just and appropriate qi, 44 Dated 9 as Qo “if Uy LH Diana finkler “Le Dated 40 —— Winkler STATE OF Tr) COUNTY OF SSemwoale Sworn to (or affirmed) and subscribed before me by means of Ta physi cal presence or O online notarization, thisQ Sed day of STDiareklLoinkley F 2020 by Yi cles nvler + wh is personally , known to me or who has produced as identification (AFFIZ NOTARY STAMP) Notary Public ss et Notary Public State of Florida Pamela K Rudolph x 5 My Commission GG 109504 Fe of Expires 05/30/2021 Nemes 4 \o 2s k dala My Commission Ends:_S/Qo0 ) Winkler, et al., v. Hancock, et al.,; Case No.2018-CA-006581-O; CPLS File No. 3838-1 Plaintiffs’ Motion for Entry of Order and Granting of Leave to Amend; Page 6 of6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document was filed using the court electronic filing system which will send notice to all parties. PLS, P.A. Attorneys|Consultants |Mediators 201 Pine Street, E. Suite 445 Orlando, Florida 32801 407-647-7887/407-647-5396 (Fax) Attorney for Plaintiffs CPLS File No.: 3838-1 Dated: ARS 92 By: T. Scott Tufts, Esq. Florida Bar No. 0168841 stufts@cplspa.com Exhibit A Filing # 99634472 E-Filed 12/02/2019 01:23:17 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DIANA K. WINKLER and ) MICHAEL J. WINKLER, INDIVIDUALLY, v (1) and_ON-BEHALE OF THEMSELVES—AND AbBL-OTHERS SIMIDAREY -STPUATED AS~ TO-CLASS—COUNES AGATSE ARLE SEGAL -PHANS-OF -FEOREBA, EH ) Plaintiffs, ) v ) Case No. 48-2018-CA-006581 CHRISTOPHER P. HANCOCK; LUXUS LEGAL, LLC, HANCOCK & ASSOCIATES, P.A.; Y 6 ANDREA A. McCREARY a/k/a A. AURORA AR AR MICHAEL E. MORRIS HANCOCK LAW GROUP, P.A.; -A. HYATT LEGAL PLANS O OR D INC; (2) JENNIEER ENGLERT; and HE ORLANDO LAW GROUP, PL, Defendants, SECOND AMENDED COMPLAINT COMES NOW, DIANA & MICHAEL WINKLER (hereafter the “WINKLERS”) and sues Defendants, Christopher PB Hancock (“HANCOCK”), and his entities, Luxus Legal, LLC (“LUXUS”) and P.A. (H and A”); Jennifer Englert Hancock & Associates, (“ENGLERT”), and her law firm, The Orlando Law Group, PL (“TOLG”); Michael E. Morris (“MORRIS”), and the Hancock Law Group, P.A. (f/k/a the Law Office of Michael E. Morris, P.A., £/k/a Morris & Hancock, P.A., £/k/a McCreary & Hancock, P.A.) (“M&H”) ; Andrea A. McCreary (“McCREARY”); and Hyatt Legal Plans of Florida, Inc. (“HYATT LEGAL”), and says: