Sparks v. Porter

MEMORANDUM-DECISION

CARSWELL, Chief Judge.

Plaintiff here has filed motion to strike all defenses directed against all defendants on the ground that the provisions of Section 865.09, Florida Statutes, has not been complied with by defendants. This statute is commonly known as the fictitious name statute and provides in pertinent part as follows:

“(3) It shall be unlawful for any person or persons, as defined herein, *954to engage in business as herein defined, under a fictitious name as herein defined, without and unless said fictitious name shall be registered with the clerk of the circuit court of…