WEAVER
v.
GREEN SOLUTIONS OF FLORIDA LLC
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The court enters default against Defendant Green Solutions of Florida LLC after its counsel withdrew and the company failed to retain replacement counsel within the 30-day deadline. As a business entity, the defendant cannot proceed without legal representation.
Default is entered against the defendant. As an LLC, the defendant cannot proceed pro se and must be represented by counsel. The defendant's failure to retain replacement counsel within the ordered timeframe warrants entry of default.
[1] A limited liability company (LLC) cannot appear pro se and must be represented by counsel.
[2] A court may direct the Clerk of Court to enter default against a defendant that fails to retain new counsel after its previous counsel withdraws.
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Join FLexlaw to unlock all legal intelligence“It is well established . . . that a business organization cannot appear pro se and must be represented by counsel, not merely by a stockholder or officer.”
Establishes the legal principle that LLCs and other business entities must have attorney representation and cannot represent themselves in court proceedings.
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Join FLexlaw to unlock all legal intelligencePlaintiff William Weaver filed a complaint against Green Solutions of Florida LLC on October 25, 2023. The defendant initially appeared through counse…
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(And Direction to Clerk of Court)
This cause comes before the Court sua sponte. Plaintiff William Weaver instituted this action by complaint filed against Defendant Green Solutions of Florida LLC on October 25, 2023. Doc. No. 1. Defendant initially appeared in the case through counsel. Doc. Nos. 11, 14. However, on June 11, 2025, defense counsel withdrew. Doc. Nos. 46, 48. In the Order granting withdrawal, the Court noted that as an LLC, Defendant cannot proceed pro se. Doc. No. 48, at 2 (citing S.E.C. v. Merchant Cap., LLC, 486 F. App'x 93, 94 n.1 (11th Cir. 2012) ("It is well established . . . that a business organization cannot appear pro se and must be represented by counsel, not merely by a stockholder or officer.")). Accordingly,
the Court permitted Defendant thirty (30) days to retain new counsel and to cause counsel to appear on its behalf. Id. The Court cautioned Defendant that failure to do so "will result in default being entered against Defendant without further notice." Id.
The thirty (30) day deadline lapsed on July 11, 2025. Doc. No. 48. But on review of the docket, no counsel has appeared on behalf of Defendant. Accordingly, the Clerk of Court is DIRECTED to enter default against Defendant. The Clerk of Court is further DIRECTED to mail a copy of this Order to Defendant at the address reflected on the docket. Plaintiff shall file a properly supported motion for default judgment within the time period set forth in Local Rule 1.10(c).
DONE and ORDERED in Orlando, Florida on July 16, 2025.
Uuslis Hean Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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