What’s in a misnomer?

In Romeo and Juliet, the doomed heroine observes: “What’s in a name? That which we call a rose by any other name would smell as sweet.”

In Bell v. XTC Cabaret (Dallas), Inc., the Fifth Court observes (citations omitted):

“A misnomer differs from a misidentification. Misidentification—the consequences of which are generally harsh—arises when two separate legal entities exist and a plaintiff mistakenly sues an entity with a name similar to that of the correct entity. If a plaintiff is mistaken as to which of two defendants is the correct one and there is actually existing a corporation with the name of the erroneously named defendant (misidentification), then the plaintiff has sued the wrong party and limitations is not tolled.”

Those principles did not save a lawsuit filed against the wrong “XTC” entity: “Appellants argue the doctrine of misnomer applies because they served the correct defendant, XTC Cabaret (Dallas), Inc., but misnamed it as XTC Cabaret, Inc. … The fact that businesses have the same registered agent and the same attorneys is not evidence that they were aware of whom appellants intended to sue. We conclude appellants have not shown that the doctrine of misnomer applies.” No. 05-21-00294-CV (May 5, 2022) (mem. op.).