CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 330588
...In reinstating this appeal, we take this opportunity to make clear to the clerks of the circuit courts in this district that it is not proper to refuse to accept papers for filing merely because they contain, as here, scrivener's errors in the captions. Section 28.31, Florida Statutes (1995), provides that: "The clerk of the circuit court shall keep all papers filed in the clerk's office with the utmost care and security, arranged in appropriate files (endorsing upon each the time when the same was...
...The clerk may keep separate progress dockets for civil and criminal matters. The clerk shall keep an alphabetical index, direct or inverse, for the docket." Neither of these statutes authorize the clerk to return papers because of the absence of the clerk's file number on the paper. We note that section 28.31 imposes on the clerk the responsibility to decide where or in what file to place the paper....
...We hold that, even though the motion for rehearing in this case stated a file number that did not correspond with the clerk's records, this kind of error is no basis for refusing to accept the paper for filing. Nor does such an error authorize the clerk to return the paper to the lawyer who filed it. See § 28.31 ("The clerk of the circuit court shall keep all papers filed in the clerk's office with the utmost care and security ....")....
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CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 12868, 2002 WL 2029382
...of Tennessee. Although older contract cases deal with mistakes concerning the identity of a contracting party in terms of contract formation, this issue is most correctly decided by applying the law of mistake. Joseph PeRillo, 7 Corbin on Contracts § 28.31, at 146 (rev....
