Complainant maintains that since his failure to name Doctor's Associates was only due to misnomer, amendment of his pleadings is permitted under the rules at any time. Complainant's Motion to Amend Complaint, 5. Complainant is correct that mere misnomer of a party may be corrected at any time, whether the matter is before the Commission or still before the Department. A misnomer occurs where the plaintiff brings an action and serves summons upon the party intended to be made the defendant, thus giving actual notice of the lawsuit to the real party in interest, but the process and complaint do not refer to the person by his correct name. The courts recognize, however, that misnomer is not the same as mistaken identity.
Mistaken identity occurs when the wrong party is named and served.
In this matter, the record shows that a case of mistaken identity, and not misnomer, has occurred. Complainant did not serve Doctor's Associates until at least sixteen months after the complaint was filed at the Commission. Zooid Ltd. Service on Zooid would only be effective as service on Doctor's Associates if Zooid was authorized to accept service on behalf of Doctor's Associates or if the two corporations were somehow an integrated enterprise. Complainant does not contend, nor has he filed any evidence to suggest, that Zooid has ever been authorized to accept service on behalf of Doctor's Associates. He has also failed to show that Doctor's Associates and Zooid Ltd. are an integrated enterprise.