DRUMMOND
v.
RED CRAB ORANGE CITY LLC

M.D. Fla. | 2024-11-14
363 F. Supp. 2d 1331 District Court, M.D. Florida (2024)

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Synopsis

The District Court ordered defendant Red Crab Orange City LLC, a corporate entity proceeding pro se, to obtain counsel admitted to the court within 14 days, holding that corporations cannot appear without attorney representation. Failure to comply may result in default judgment.


Holding

A corporation cannot appear pro se and must be represented by an attorney admitted to practice in the court. Local Rule 2.02(b)(2) and established precedent prohibit corporations from appearing without counsel.


Key Quotes

“A party, other than a natural person, can appear through the lawyer only.”

Establishes the foundational rule from Local Rule 2.02(b)(2) that non-natural persons cannot appear pro se

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Facts & Procedural History

Red Crab Orange City LLC, a corporate entity, attempted to proceed pro se in litigation where it is the defendant and third-party plaintiff against th…

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Opinion of the Court

This cause comes before the Court upon sua sponte review. Defendant Red Crab Orange City LLC, a corporate entity, is proceeding pro se. However, Defendant Red Crab Orange City LLC may not defend itself in this case except through an attorney who is a member of the bar of this Court. Local Rule 2.02(b)(2) (“A party, other than a natural person, can appear through the lawyer only.”); Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985) (“The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.” (citations omitted)); Energy Lighting Mgmt., LLC v. Kinder, 363 F. Supp. 2d 1331, 1332 (M.D. Fla. 2005) (applying the prior version of Local Rule 2.o2(b)(2) to a limited liability company). Accordingly, it is hereby ORDERED AND ADJUDGED that on or before December 2, 2024, Defendant Red Crab Orange City LLC shall obtain counsel admitted to practice in this Court. Failure to timely comply with this Order may result in adverse rulings including, without limitation, default and the entry of a default judgment against Defendant Red Crab Orange City LLC. DONE AND ORDERED in Orlando, Florida on November 14, 2024.

/

PAUL G.

UNITED STATES*DISTRICT JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties


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