JAMES D. PAULS, LTD.
v.
PAULS

S.D. Fla. | 1986-04-17
No. 85-1580-Civ
Atkins
633 F. Supp. 34 District Court, S.D. Florida (1986)
Also reported at: 1986 U.S. Dist. LEXIS 30927

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Holding

A general partner who is not a licensed attorney cannot represent a limited partnership in a pro se lawsuit.


Facts & Procedural History

J. Claybrook Lewis, a general partner but not a licensed attorney, attempted to represent himself and three limited partnerships pro se. The defendant…

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Opinion of the Court

limited partnerships in a

pro se

action.

*

This court has reviewed the motion, memoranda, and the record in this action; therefore, it is

ORDERED AND ADJUDGED that said motion is granted, and this cause is dismissed without prejudice. Mr. Lewis shall be permitted to submit new pleadings on his own behalf, and the limited partnerships shall be permitted to maintain a subsequent action once counsel has been secured.

Facts

For the purposes of this motion the facts are simple. Mr. Lewis has been representing himself and three limited partnerships based on his status as a general partner. He is not a member of the bar. Defendant has challenged the propriety of Mr. Lewis’ representation of the limited partnerships.

Issue

May a general partner, who is not a licensed attorney, represent a limited partnership in a

pro se

lawsuit?

Discussion

In an analogous situation, the court stated:

‘A composite of the rule in the decided cases, overwhelmingly sustained by the authorities, may be thus stated: A natural person may represent himself and present his own case____ A corporation is not a natural person. Out of court it must act in its affairs through its agents and representatives and in matters of court it can act only through licensed attorneys. A corporation cannot appear in court by an officer who is not an attorney and it cannot appear in Propria persona.’

Nicholson Supply Co. v. First Federal Savings & Loan Association,

184 So. 2d 438, 440 (Fla.App.1966). Similarly, a limited partnership is not a natural person, but a creature of statute. Therefore, it must act through legal counsel in matters of law, since it is also an artificial entity.

See also Fed.R. Civ.P. 11.

*

Lewis signed the complaint naming all parties as plaintiffs and he has signed all motions and other documents as well.


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