LORETTA QUINN ET AL., APPELLANTS,
v.
THE HOUSING AUTHORITY OF THE CITY OF ORLANDO, FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A corporation must be represented by an attorney and cannot have its pleadings signed by a non-lawyer employee.
The Housing Authority, a corporation, filed eviction complaints signed by its non-attorney director. Tenants moved to dismiss, arguing the complaints …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unauthorized Practice Of Law cases and more on FLexlaw
COBB, Judge.
This is the consolidated appeal of nine tenants living in rental housing leased from the Housing Authority. The Housing Authority filed complaints against the tenants seeking to evict them for non-payment of rent. The complaints were signed by the director of the Housing Authority. The tenants answered, raised affirmative defenses, and filed counterclaims. One of the affirmative defenses alleged that the complaints were filed by a corporation and signed by a non-lawyer. In its answers to requests for admissions, the Housing Authority admitted: (1) it is a corporation, and (2) its pleadings for eviction were signed by a non-attorney.
The Housing Authority moved for partial summary judgments on its eviction actions. In turn, the tenants moved for partial summary judgments or alternatively for dismissals on the ground that the complaints were filed by a corporation and signed by a non-attorney. The trial court granted the Housing Authority’s motions and denied the tenants’ motions. The tenants appealed.
A corporation is not a person and, therefore, a corporation cannot designate a non-attorney employee to represent it. Instead, a corporation must be represented by an attorney. Nicholson Supply Co. v. First Federal Savings & Loan Association, 184 So. 2d 438 (Fla. 2d DCA 1960); Angelini v. Mobil Home Village, Inc., 310 So. 2d 776 (Fla. 1st DCA 1975); Southeastern Associates, Inc. v. First Georgia Bank, 362 So. 2d 967 (Fla. 1st DCA 1978). Therefore, the partial summary judgment entered in favor of the Housing Authority was void and is hereby quashed and the trial court is directed to grant the tenants’ motions for dismissal without prejudice. Due to our disposition of this issue, we do not need to decide the merits of appellants’ other contentions.
QUASHED and REMANDED with directions.
FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Szteinbaum v. Kaes Inversiones y Valores, 476 So. 2d 247 (Fla. 3d DCA 1985)…draconian result that a complaint filed by a non-attorney on behalf of a corporation cannot forestall, through subsequent amendment, the running of a limitations period for beginning the action. For example, in Quinn v. Housing Authority of Orlando, 385 So. 2d 1167 (Fla.5th DCA 1980), the court merely reversed a summary judgment entered in favor of the improperly represented plaintiff corporation and ordered that the defendants’ motion to dismiss be granted without prejudice. Likewise, in Southeastern Associat…
-
Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272 (Fla. 5th DCA 1982)…by a corporate officer who is not an attorney, the notice of appeal would be dismissed in any event. A corporation must be represented in court by an attorney and may not be represented by a corporate officer. Quinn v. Housing Authority of Orlando, 385 So. 2d 1167 (Fla. 5th DCA 1980); Southeastern Associates, Inc. v. First Georgia Bank, 362 So. 2d 967 (Fla. 1st DCA 1978); Angelini v. Mobile Home Village, Inc., 310 So. 2d 776 (Fla. 1st DCA 1975). In Nicholson Supply Co., Inc. v. First Federal Savings & Loan As…
-
Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438 (Fla. 2d DCA 1985)…sly prepared by a person with substantial legal training who would have known that they were a nullity.” A corporation must be represented by an attorney when it appears in the courts of the State of Florida. Quinn v. Housing Authority of Orlando, 385 So. 2d 1167 (Fla. 5th DCA 1980); Nicholson Supply Co. v. First Federal Savings & Loan Ass’n, 184 So. 2d 438 (Fla. 2d DCA 1966). Thus, appellant’s original answer filed through its vice president could not be deemed a proper pleading. However, Florida Rule of Ci…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nicholson Supply Co., Inc. v. First Fed. Sav. & Loan Ass'n OF Hardee Cnty., 184 So. 2d 438 (Fla. 2d DCA 1966)
- Se. Assocs., Inc. v. First Ga. Bank, 362 So. 2d 967 (Fla. 1st DCA 1978)
- Remo Joseph Angelini v. Mobile Home Vill., Inc., 310 So. 2d 776 (Fla. 1st DCA 1975)