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Florida Statute 865.09 | Lawyer Caselaw & Research
F.S. 865.09 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 865
VIOLATIONS OF CERTAIN COMMERCIAL RESTRICTIONS
View Entire Chapter
F.S. 865.09
865.09 Fictitious name registration.
(1) SHORT TITLE.This section may be cited as the “Fictitious Name Act.”
(2) DEFINITIONS.As used in this section, the term:
(a) “Business” means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in any thing or article of value, or renders services for compensation.
(b) “Division” means the Division of Corporations of the Department of State.
(c) “Fictitious name” means any name under which a person transacts business in this state, other than the person’s legal name.
(d) “Registrant” means a person who registers a fictitious name with the division.
(3) REGISTRATION.
(a) A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a registration listing:
1. The name to be registered.
2. The mailing address of the business.
3. The name and address of each registrant.
4. If the registrant is a business entity that was required to file incorporation or similar documents with its state of organization when it was organized, such entity must be registered with the division and in active status with the division; provide its Florida document registration number; and provide its federal employer identification number if the entity has such a number.
5. Certification by at least one registrant that the intention to register such fictitious name has been advertised at least once in a newspaper as defined in chapter 50 in the county in which the principal place of business of the registrant is or will be located.
6. Any other information the division may reasonably deem necessary to adequately inform other governmental agencies and the public as to the registrant so conducting business.
(b) Such registration shall be accompanied by the applicable processing fees and any other taxes or penalties owed to the state.
(c) With respect to a general partnership that is not registered with the division, its partners are the registrants and not the partnership entity. With respect to a general partnership that is registered with the division, the partnership is the registrant, and it must be in active status with the division at the time the registration is filed.
(4) CANCELLATION AND REREGISTRATION.If a registrant ceases to engage in business under a registered fictitious name, such registrant shall file a cancellation with the division within 30 days after the cessation occurs. If such cessation is in connection with a transfer of the business or, with respect to a general partnership that is not registered with the division, in connection with a transfer by a general partner of all or any part of the general partner’s partnership interest and, as a result, a new person will engage in business under the registered fictitious name, such new person may reregister the name pursuant to subsection (3) at the same time as the cancellation is filed.
(5) TERM.
(a) A fictitious name registered under this section shall be valid for a period beginning on the date of registration or reregistration and expiring on December 31 of the 5th calendar year thereafter, counting the period from registration or reregistration through December 31 of the year of registration or reregistration as the first calendar year.
(b) Each renewal under subsection (6) is valid for a period of 5 years beginning on January 1 of the year following the prior registration expiration date and expiring on December 31 of the 5th calendar year.
(6) RENEWAL.
(a) Renewal of a fictitious name registration shall occur on or after January 1 and on or before December 31 of the expiration year. Upon timely filing of a renewal statement, the effectiveness of the name registration is continued for 5 years as provided in subsection (5).
(b) In the year that a registration is to expire, the division shall notify the registrant of the fictitious name registration of the upcoming expiration of the fictitious name no later than September 1. If the registrant of the fictitious name has provided the division with an electronic mail address, such notice shall be by electronic transmission. If the business is a general partnership that is not registered with the division and, thus, there is more than one registrant for the fictitious name, the division need only notify one of the registrants.
(c) If a registrant of the fictitious name registration fails to timely file a renewal and pay the appropriate processing fees on or before December 31 of the year of expiration, the fictitious name registration expires. The division shall remove any expired or canceled fictitious name registration from its records and may purge such registrations. Failure to receive the notice of expiration required by paragraph (b) shall not constitute grounds for appeal of a registration’s expiration or removal from the division’s records.
(d) If a registered fictitious name is prohibited by subsection (14) at the time of renewal, the fictitious name may not be renewed.
(7) EXEMPTIONS.A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulation or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, limited liability company, partnership, or other business entity that is organized or registered and in active status with the division is not required to register its name pursuant to this section, unless the name under which business is to be conducted differs from the name as licensed or registered.
(8) EFFECT OF REGISTRATION.Notwithstanding any other law, registration under this section is for public notice only, and does not give rise to a presumption of the registrant’s rights to own or use the name registered, nor does it affect trademark, service mark, trade name, or corporate or other business entity name rights previously acquired by others in the same or a similar name. Registration under this section does not reserve a fictitious name against future use.
(9) PENALTIES.
(a) If a business fails to comply with this section, neither the business nor the person or persons engaging in the business may maintain any action, suit, or proceeding in any court of this state with respect to or on behalf of such business until this section is complied with. An action, suit, or proceeding may not be maintained in any court of this state by any successor or assignee of such business on any right, claim, or demand arising out of the transaction of business by such business in this state until this section has been complied with.
(b) The failure of a business to comply with this section does not impair the validity of any contract, deed, mortgage, security interest, lien, or act of such business and does not prevent such business from defending any action, suit, or proceeding in any court of this state. However, a party aggrieved by a noncomplying business may be awarded reasonable attorney fees and court costs necessitated by the noncomplying business.
(c) Any person who fails to comply with this section commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 775.083.
(10) POWERS OF DIVISION.The division is granted the power reasonably necessary to enable it to administer this section efficiently and to perform the duties herein imposed upon it.
(11) FORMS.Registration, cancellation, and renewal shall be made on forms prescribed by the division, which may include the uniform business report, pursuant to s. 606.06, as a means of satisfying the requirement of this section.
(12) PROCESSING FEES.The division shall charge and collect nonrefundable processing fees as follows:
(a) For registration of a fictitious name, $50.
(b) For cancellation or cancellation and reregistration of a fictitious name, $50.
(c) For renewal of a fictitious name registration, $50.
(d) For furnishing a certified copy of a fictitious name registration document, $30.
(e) For furnishing a certificate of status, $10.
(13) DEPOSIT OF FUNDS.All funds required to be paid to the division pursuant to this section shall be collected and deposited into the General Revenue Fund.
(14) PROHIBITION.A fictitious name registered as provided in this section may not contain the following words, abbreviations, or designations:
(a) “Corporation,” “incorporated,” “Corp.,” or “Inc.,” unless the person or business for which the name is registered is incorporated or has obtained a certificate of authority to transact business in this state pursuant to chapter 607 or chapter 617.
(b) “Limited partnership,” “limited liability limited partnership,” “LP,” “L.P.,” “LLLP,” or “L.L.L.P.,” unless the person or business for which the name is registered is organized as a limited partnership or has obtained a certificate of authority to transact business in this state pursuant to ss. 620.1101-620.2205.
(c) “Limited liability partnership,” “LLP,” or “L.L.P.,” unless the person or business for which the name is registered is registered as a limited liability partnership or has obtained a certificate of authority to transact business in this state pursuant to s. 620.9102.
(d) “Limited liability company,” “LLC,” or “L.L.C.,” unless the person or business for which the name is registered is organized as a limited liability company or has obtained a certificate of authority to transact business in this state pursuant to chapter 605.
(e) “Professional association,” “PA,” “P.A.,” or “chartered,” unless the person or business for which the name is registered is organized as a professional corporation pursuant to chapter 621, or is organized as a professional corporation pursuant to a similar law of another jurisdiction and has obtained a certificate of authority to transact business in this state pursuant to chapter 607.
(f) “Professional limited liability company,” “PLLC,” “P.L.L.C.,” “PL,” or “P.L.,” unless the person or business for which the name is registered is organized as a professional limited liability company pursuant to chapter 621, or is organized as a professional limited liability company pursuant to a similar law of another jurisdiction and has obtained a certificate of authority to transact business in this state pursuant to chapter 605.
(15) LEGAL DESIGNATION OF ENTITY.Notwithstanding any other law to the contrary, a fictitious name registered as provided in this section for a corporation, limited liability company, limited liability partnership, or limited partnership is not required to contain the designation of the type of legal entity in which the person or business is organized, including the terms “corporation,” “limited liability company,” “limited liability partnership,” “limited partnership,” or any abbreviation or derivative thereof.
History.ss. 1-5, ch. 20953, 1941; s. 1, ch. 26760, 1951; s. 1, ch. 67-209; s. 35, ch. 70-134; s. 1121, ch. 71-136; s. 1, ch. 85-64; s. 1, ch. 90-267; s. 2, ch. 94-87; s. 253, ch. 94-218; s. 90, ch. 95-211; s. 1397, ch. 97-102; s. 240, ch. 98-166; s. 11, ch. 99-218; s. 32, ch. 99-285; s. 2, ch. 2000-298; s. 14, ch. 2003-401; s. 25, ch. 2009-72; s. 16, ch. 2010-117; s. 110, ch. 2013-18; s. 74, ch. 2014-209; s. 1, ch. 2017-47; s. 284, ch. 2019-90.

F.S. 865.09 on Google Scholar

F.S. 865.09 on Casetext

Amendments to 865.09


Arrestable Offenses / Crimes under Fla. Stat. 865.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S865.09 - FRAUD - FICTITIOUS NAME REQUIREMENT FAIL TO REGISTER - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

WESNER, d b a v. JMS MARINAS, LLC, d b a a, 224 So. 3d 912 (Fla. Dist. Ct. App. 2017)

. . . See § 865.09(9)(a), Fla. Stat. (2014). . . .

BANK OF AMERICA, N. A. v. A. NASH,, 200 So. 3d 131 (Fla. Dist. Ct. App. 2016)

. . . . § 865.09(3), Fla. Stat. (2005). . . . Id. § 865.09(9)(a). . . . Id. § 865.09(9)(b). . . .

a No. W. HAWKINS, 151 So. 3d 1200 (Fla. 2014)

. . . failed to register her unincorporated business name under the Florida Fictitious Name Act, section 865.09 . . . the sale of her books and had not registered her business under the fictitious name statute, section 865.09 . . .

PREMIER FINISHES, INC. v. MAGGIRIAS,, 130 So. 3d 238 (Fla. Dist. Ct. App. 2013)

. . . See § 865.09(9)(b), Fla. Stat. (2010); Worm World, Inc. v. . . .

SEALY, v. PERDIDO KEY OYSTER BAR AND MARINA, LLC, a, 88 So. 3d 366 (Fla. Dist. Ct. App. 2012)

. . . fictitious name under which he was doing business, “William Sealy Architects,” as required by section 865.09 . . .

D. HETTINGER, v. KLEINMAN,, 733 F. Supp. 2d 421 (S.D.N.Y. 2010)

. . . . § 865.09(9)(b). . . .

PROGRESSIVE EXPRESS INSURANCE COMPANY, v. HARTLEY,, 21 So. 3d 119 (Fla. Dist. Ct. App. 2009)

. . . However, in 1998, that corporation failed to renew the fictitious name as required under section 865.09 . . . Progressive contends that pursuant to section 865.09(9)(b), the initial assignment was valid. . . . action against insurer based on assignment from insured to unregistered fictitious entity); see also § 865.09 . . . Section 865.09(9)(b), Florida Statutes (2003), provides: The failure of a business to comply with this . . .

D. STAROSTA, v. MBNA AMERICA BANK, N. A. L. NCO E. M., 244 F. App'x 939 (11th Cir. 2007)

. . . . § 865.09(14), and Rule 4-7.10 of the Florida Rules of Professional Conduct, but she also contends that . . . Stat. § 865.09(14), prohibits the use of the words “corporation” or “incorporated” or the abbreviations . . . Stat. § 865.09. . . .

WORM WORLD, INC. d b a E v. IRONWOOD PRODUCTIONS, INC., 917 So. 2d 274 (Fla. Dist. Ct. App. 2005)

. . . See §§ 865.09(3), 865.09(9)(c), Fla. Stat. (2001); Mo. Ann. Stat. § 417.230 (2001). . . . See § 865.09(9)(b), Fla. Stat. (2001); Phillips v. . . .

BILTRITE CORPORATION, v. WORLD ROAD MARKINGS, INC. R., 202 F.R.D. 359 (D. Mass. 2001)

. . . Florida Statutes 865.09(3). . . . Florida Statutes 865.09(9)(e). . . . Florida Statutes 865.09(9)(b). II. . . .

HUTCHINSON, BAKER a a a a v. SPINK,, 126 F.3d 895 (7th Cir. 1997)

. . . Of particular importance to our ease is § 865.09, which deals with the time at which the appointed representative . . . administrator will relate back in the same way as those of a personal representative would under § 865.09 . . .

DR. FRED HATFIELD S SPORT- STRENGTH TRAINING EQUIPMENT COMPANY, a v. BALIK, d b a IRONMAN MAGAZINE, d b a HOME GYM WAREHOUSE,, 174 F.R.D. 496 (M.D. Fla. 1997)

. . . Indispensable Party, Failure to Provide Sufficient Services and for Failure to Comply with Section 865.09 . . . reference to “d/b/a Sportstrength,” in Plaintiffs Amended Complaint, Plaintiff has violated section 865.09 . . . incorrectly made reference to Plaintiffs use of a fictitious name, and that noncompliance with section 865.09 . . . Section 865.09, Fla.Stat. (1995), states in part: “(3) Registration. . . . and since Defendant had knowledge of who was bringing an action against him, compliance with section 865.09 . . .

ROYAL ATLANTIC HEALTH SPA, INC. v. B. L. N. INC., 677 So. 2d 1385 (Fla. Dist. Ct. App. 1996)

. . . Lane, 557 So.2d 908, 909 (Fla. 1st DCA 1990) (section 865.09 designed to provide notice of identities . . .

S. ROTH, v. NAUTICAL ENGINEERING CORP., 654 So. 2d 978 (Fla. Dist. Ct. App. 1995)

. . . Team as a fictitious name; however, he has never complied with the fictitious name statute, section 865.09 . . .

REDNER, v. S. DEAN, A., 29 F.3d 1495 (11th Cir. 1994)

. . . of the applicant, the establishment’s fictitious name and the county of registration under Section 865.09 . . . pays the County Administrator a three dollar ($3.00) change-of-name fee; and (c) complies with Section 865.09 . . .

B. HEMPHILL, v. UNISYS CORPORATION,, 855 F. Supp. 1225 (D. Utah 1994)

. . . control undergarments which he used from January 1989 to the present, in the amount of approximately $865.09 . . .

EASTERN CEILING AND SUPPLY CORP. INC. v. POWERHOUSE INSULATION, INC., 589 So. 2d 383 (Fla. Dist. Ct. App. 1991)

. . . However, section 865.09 was amended in 1985 to eliminate the provision that a non-complying party could . . . Section 865.09(5)(b), Florida Statutes (1985) specifically provides that a non-complying business is . . . 27, 1990, alleging that appellant had misled the trial court with regard to the contents of section 865.09 . . . 1.540, asserting that during the trial, appellant persuaded the court that the 1971 version of section 865.09 . . . Appellees argued that because the court relied on a material misrepresentation of fact as to section 865.09 . . .

COOK v. ARROWHEAD MOBILE HOME COMMUNITY, 50 Fla. Supp. 2d 26 (Fla. Cir. Ct. 1991)

. . . Section 865.09(5)(a), Florida Statutes. . . .

COOPER d b a COOPER DIRECT RESPONSE MARKETING v. J. J. MARSH, INC., 49 Fla. Supp. 2d 10 (Fla. Cir. Ct. 1991)

. . . But subsection (9) of Florida Statutes Section 865.09 (1989), which has been effective since June 5, . . . section commits a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083. § 865.09 . . .

ROBINSON ST. JOHN ADVERTISING AND PUBLIC RELATIONS, INC. v. LANE, a k a a k a, 557 So. 2d 908 (Fla. Dist. Ct. App. 1990)

. . . agent based on the corporate principal’s compliance with the Florida Fictitious Name Statute, Section 865.09 . . . “Slender World” is a duly filed fictitious name registered, pursuant to Section 865.09, Florida Statutes . . . We reverse based on the common law principles of agency and a strict reading of Section 865.09, Florida . . . Section 865.09, Florida Statutes, provides, in pertinent part, as follows: (3) It shall be unlawful for . . . action, suit, or proceeding in any court of this state until this section is complied with- Section 865.09 . . .

SOLOMON d b a R. d b a v. BETRAS PLASTICS, INC., 550 So. 2d 1182 (Fla. Dist. Ct. App. 1989)

. . . significance that the trial judge may have attached to Craben’s initial noncompliance with section 865.09 . . .

MOVIE VIDEO WORLD, INC. a v. BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,, 723 F. Supp. 695 (S.D. Fla. 1989)

. . . applicant shall state the establishment’s fictitious name and the county of registration under Section 865.09 . . . Licensing Department a twenty-five dollar ($25.00) change-of-name fee; and 3. complies with Section 865.09 . . .

In TONICO MANUFACTURING CO. INC., 101 B.R. 317 (Bankr. M.D. Fla. 1989)

. . . . § 865.09 which governs the use of fictitious names in this State. (3) The Movants having entered into . . . Tonico Manufacturing Co., Inc. was a fictitious name, albeit not registered as required by Fla.Stat. § 865.09 . . .

HOMECO DEVELOPMENTS, v. MARKBOROUGH PROPERTIES, LTD., 709 F. Supp. 1137 (S.D. Fla. 1989)

. . . . § 865.09(5)(a) (1987). . . .

A. DIETER, d b a A. v. B H INDUSTRIES OF SOUTHWEST FLORIDA, INC., 683 F. Supp. 1345 (M.D. Fla. 1988)

. . . . § 865.09, in Pinellas County in September of 1971. See defendant’s exhibit 8. . . .

COTTON GINNY, LIMITED, a v. COTTON GIN, INC., 691 F. Supp. 1347 (S.D. Fla. 1988)

. . . . § 865.09 (West 1976). . . .

HUNTER S RUN, LTD. v HOELSCHER EHRHART, 34 Fla. Supp. 2d 148 (Orange Cty. Ct. 1987)

. . . Stat. 865.09. . . .

NATIONAL MARKETPLACE ASSOCIATES, LTD. v. C. S. T. ESSENTIAL TECHNOLOGY, INC., 22 Fla. Supp. 2d 48 (Fla. Cir. Ct. 1987)

. . . is whether the court retains jurisdiction to award attorneys’ fees to the Defendants under Section 865.09 . . . before this Court, the Court finds that the Plaintiff failed to comply with Florida Statutes, Section 865.09 . . . prevailing party in this action and to award attorneys’ fees and costs to Defendants under Section 865.09 . . .

WILLIAMS, Jr. v. HARDY,, 468 So. 2d 429 (Fla. Dist. Ct. App. 1985)

. . . on the day before trial that appellee had failed to comply with the fictitious name statute, section 865.09 . . .

CITY OF WINTER PARK, a v. J. MONTESI,, 448 So. 2d 1242 (Fla. Dist. Ct. App. 1984)

. . . Second, the claim that the city failed to file under section 865.09, Florida Statutes (1981), the Fictitious . . .

FREEDOM SAVINGS AND LOAN ASSOCIATION, v. WAY, Jr. d b a v. FREEDOM SAVINGS AND LOAN ASSOCIATION,, 583 F. Supp. 544 (M.D. Fla. 1984)

. . . . § 865.09 on November 12, 1976. . . .

JACKSON, v. JONES, Jr., 423 So. 2d 972 (Fla. Dist. Ct. App. 1982)

. . . No affirmative defense was pled nor was there any other reference to Section 865.09, Florida Statutes . . . Section 865.09, Florida Statutes (1981), provides, in pertinent part, that it is unlawful to engage in . . .

SHAW, v. IBERO- AMERICAN TRADE CORPORATION, a, 402 So. 2d 84 (Fla. Dist. Ct. App. 1981)

. . . Appellant Shaw, in compliance with § 865.09, Florida Statutes (1979), Fictitious Name Statute, filed . . .

In RUBY S FLORIDA, INC. d b a s LARGO VILLAGE SHOPPING CENTER, INC. v. RUBY S FLORIDA, INC. d b a s, 11 B.R. 171 (Bankr. M.D. Fla. 1981)

. . . . § 865.09 (1979) stating that it intends to engage in business under the fictitious name of Cindy’s . . .

L. MELENDEZ, v. R. STARR A., 377 So. 2d 217 (Fla. Dist. Ct. App. 1979)

. . . Vera Starr and Adolph An-dresen, in July 1974 filed under Florida’s fictitious name statute [Section 865.09 . . .

MEDSEN DEVELOPMENT, INC. Co. Co. v. BRYANT, 376 So. 2d 423 (Fla. Dist. Ct. App. 1979)

. . . appellants’ asserted noncompliance with the registration provisions of the Fictitious Name Statute, Section 865.09 . . . Since this is true, their failure to register under Sec. 865.09, while perhaps wrongful in other contexts . . . We believe this rule is properly applied to preclude the plaintiff’s successful reliance on Sec. 865.09 . . . Our conclusion makes it unnecessary to consider either the substantive question of whether § 865.09 is . . .

BAYSIDE ENTERPRISES, INC. v. CARSON, KELLER a v. CONSOLIDATED CITY OF JACKSONVILLE,, 470 F. Supp. 1140 (M.D. Fla. 1979)

. . . another name than that of the applicant, the business name and the county of registration under Section 865.09 . . .

A. DRAGSTREM v. N. BUTTS, 370 So. 2d 416 (Fla. Dist. Ct. App. 1979)

. . . . § 865.09, Fla. Stat. (1977). . . .

CLIFFORD RAGSDALE, INC. d b a a v. MORGANTI, INC., 356 So. 2d 1321 (Fla. Dist. Ct. App. 1978)

. . . motion to abate for failure of the plaintiff to comply with the “fictitious name statute,” Section 865.09 . . .

KATZ, v. FIRST NATIONAL BANK OF GLEN HEAD,, 568 F.2d 964 (2d Cir. 1977)

. . . From April 20 to June 30 Oakland built up the balance in its Glen Head account from $865.09 to over $100,000 . . .

INCOMCO, a v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 558 F.2d 751 (5th Cir. 1977)

. . . . § 865.09 (1975). The plaintiff appeals. We affirm. . . .

ARONOVITZ, v. STEIN PROPERTIES, a, 322 So. 2d 74 (Fla. Dist. Ct. App. 1975)

. . . The record further shows that the name Stein Properties was not registered pursuant to § 865.09, Fla. . . . Section 865.09(3), Fla.Stat., F.S.A., provides that it shall be unlawful for any partnership to engage . . . Section 865.09(5), Fla.Stat., F.S.A., provides that the penalty for the failure to comply with this law . . . state and we find that the name “Stein Properties” is a “fictitious name” as that term is defined in § 865.09 . . .

GORDON d b a v. RUSSO, 284 So. 2d 447 (Fla. Dist. Ct. App. 1973)

. . . Affirmed on the authority of Section 865.09 Florida Statutes, F.S.A. Cor-Gal Builders, Inc. v. . . .

BRUNO LAW AND RICHARD MARLINK, TRUSTEES IN DISSOLUTION FOR DANIEL J. CRONIN, INC. v. THE UNITED STATES, 195 Ct. Cl. 370 (Ct. Cl. 1971)

. . . .)_ 16, 925. 96 Additional expenses for expendable small tools___ 1, 865.09 Additional employee lost . . .

B. SHEPARD, Jr. v. W. THAMES O. O. Jr. d b a a, 251 So. 2d 265 (Fla. 1971)

. . . 382.25, 459.16, 460.15, 462.10, 463.13, 696.05(2), 698.11, 703.01, 703.02, 703.04, 703.05, 706.04, 865.09 . . .

COLONIAL RESTAURANT CORPORATION, v. STATE DEPARTMENT OF COMMERCE, a, 248 So. 2d 494 (Fla. Dist. Ct. App. 1971)

. . . the Clerk of the Circuit Court of Orange County pursuant to the Fictitious Name Statute (F.S. section 865.09 . . .

SPARKS, v. R. K. PORTER, d b a E. a, 270 F. Supp. 953 (N.D. Fla. 1967)

. . . to strike all defenses directed against all defendants on the ground that the provisions of Section 865.09 . . . strike the defenses of the subject defendants with leave given them to comply with Florida Statutes 865.09 . . .

A. CHAIKIN, v. SKOLNICK, d b a, 201 So. 2d 588 (Fla. Dist. Ct. App. 1967)

. . . The sole question involved on this appeal concerns Section 865.09, Florida Statutes, F.S.A., commonly . . . plaintiff timely objected to the defense of the suit for failure of the defendant to comply with Section 865.09 . . .

THE FLORIDA BAR, v. F. FUENTES,, 190 So. 2d 748 (Fla. 1966)

. . . “(e) He has prepared Affidavits under the Fictitious Name Statute, § 865.09, Florida Statutes. . . .

SOUTH DADE TELEPHONE ANSWERING DICTATING SERVICE, v. SOUTHERN BELL TEL. TEL. CO., 25 Fla. Supp. 175 (Dade Cty. Cir. Ct. 1965)

. . . names which the corporate plaintiff has registered, purportedly pursuant to the provisions of section 865.09 . . . the court’s ruling that because corporations are expressly excepted under the provisions of section 865.09 . . .

G. McNAYR, E. v. CRANBROOK INVESTMENTS, INC. a G. McNAYR, v. CRANBROOK INVESTMENTS, INC. a, 146 So. 2d 400 (Fla. Dist. Ct. App. 1962)

. . . Sec. 865.09 Fla.Stat., F.S.A. . See note 1. . . .

COR- GAL BUILDERS, INC. a U. S. Co. a v. SOUTHARD, d b a, 136 So. 2d 244 (Fla. Dist. Ct. App. 1962)

. . . Stat. 865.09, F.S.A. .. . . . Section 865.09 of the Florida Statutes, F. . . .

THE HOUSTON CORPORATION,, 18 Fla. Supp. 11 (Fla. Railroad & P. U. C. 1961)

. . . proposes to register Florida Gas Utilities Company under provisions of the Fictitious Name Statute, §865.09 . . .

DIAZ v. THE S. S. SEATHUNDER,, 191 F. Supp. 807 (D. Md. 1961)

. . . Hughes showed that after the original libeling of the Seathunder additional charges of $865.09 had been . . .

MIAMI CREDIT BUREAU, INC. v. CREDIT BUREAU, INC., 276 F.2d 565 (5th Cir. 1960)

. . . . § 865.09, F.S.A.) . . .

S. T. MILLING a v. E. BERG A., 104 So. 2d 658 (Fla. Dist. Ct. App. 1958)

. . . . § 865.09. . . .

CRUSE, v. E. P. WILSON, 92 So. 2d 270 (Fla. 1957)

. . . . § 865.09, F.S.A. . . .

W. T. S. MONTGOMERY, v. COMMISSIONER OF INTERNAL REVENUE,, 230 F.2d 472 (5th Cir. 1956)

. . . Title 44 Florida Statutes Annotated, Vol. 22, § 865.09, passed subsequent to the execution of the conveyances . . .

MOULTON v. UNITED STATES, 109 F. Supp. 507 (N.D. Fla. 1953)

. . . The parties also complied with the requirements of Section 865.09, F.S.A. as to the creation of these . . .

JOSE PEREZ LORENZO, a MARCELINO GARCIA, v. HONORABLE S. J. MURPHY, WATERS F. BURROWS ELSA S. BURROWS, 159 Fla. 639 (Fla. 1947)

. . . partnership, under a fictitious name, and that said name had not been registered in accordance with Section 865.09 . . . appellees herein were estopped from setting up said defense and, in addition, contended that Section 865.09 . . . view of the allegation that these parties had not complied with the Fictitious Name Statute, Section 865.09 . . .

SIMMONS v. COMMISSIONER OF INTERNAL REVENUE, 164 F.2d 220 (5th Cir. 1947)

. . . . § 865.09. . . .

In VICKSBURG BRIDGE TERMINAL CO., 29 F. Supp. 225 (S.D. Miss. 1938)

. . . .-18), amounting to $582.09, and making a total additional sum of $865.09. . . .