MCDOUGALL
v.
MESACO ENTERPRISES, INC.

M.D. Fla. | 2021-03-16
No. 8:21-cv-255
2010 WL 5093663 District Court, M.D. Florida (2021) Positive Treatment
Cited by 2 cases

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Holding

The court held that a corporation cannot appear pro se and must be represented by counsel.

Facts & Procedural History

Plaintiff moved to strike Defendant's answer because it was signed by the corporation's owner, who is not a licensed attorney. The owner is not a Flor…

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Opinion of the Court

Before the Court is Plaintiff’s motion to strike Defendant’s answer (Dkt. 10). Upon consideration, the Court grants the relief requested. Defendant is a corporation which must be represented by counsel and cannot proceed pro se. See Local R. 2.02(b)(2), M.D. Fla. (“A party, other than a natural person, can appear through the lawyer only.”).1 Plaintiff contends Defendant’s answer (Dkt. 9) is signed by the owner of the Defendant corporation, “who is not a Florida-licensed attorney” or licensed to practice before the Middle District. Dkt. 10 at 2. Plaintiff requests the answer be stricken and Defendant be required to appear through an attorney. See Colony Ins. Co. v. Total Contr. & Roofing, Inc.,

on Defendant at the following address: Mesaco Enterprises, Inc. c/o Roman Mesa, Registered Agent, 8121 Lutz Lake Fern Road, Odessa, Florida 33556. The Clerk is directed to strike the answer. DONE AND ORDERED at Tampa, Florida, on March 16, 2021. me,

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record Mesaco Enterprises, Inc. c/o Roman Mesa, Registered Agent, 8121 Lutz Lake Fern Road, Odessa, FL 33556

Footnotes
1 See also Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985) (noting that “even where the person seeking to represent the corporation is its president and major stockholder,” the corporation must secure its own counsel). No. 10-23091-Civ, 2010 WL 5093663, at *3 (S.D. Fla. Dec. 8, 2010) (striking corporation’s pro se answer and citing Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985)). Based on the well-settled law, Plaintiff's motion (Dkt. 10) is granted. Defendant shall obtain counsel and file its answer through said counsel on or before April 6, 2021. Defendant is put on notice that failure to timely obtain counsel and file the answer will result in Defendant being subject to a default upon appropriate motion. Until such time as counsel files a notice of appearance, all future pleadings, notices, and orders, including a copy of this order, shall be served

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Citator

Cited By

  • McDougall v. Mesaco Enters., Inc., 2010 WL 5093663 (M.D. Fla. 2021)
    …also Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985) (noting that “even where the person seeking to represent the corporation is its president and major stockholder,” the corporation must secure its own counsel). No. 10-23091-Civ, 2010 WL 5093663, at *3 (S.D. Fla. Dec. 8, 2010) (striking corporation’s pro se answer and citing Palazzo v. Gulf Oil Corp., 764 F. 2d 1381, 1385 (11th Cir. 1985)). Based on the well-settled law, Plaintiff's motion (Dkt. 10) is granted. Defendant shall obtain co…
  • Southern-Owners Ins. Co. v. Tasman Servs. (M.D. Fla. 2021)
    …[Section] 627.4136(1) before raising a claim against National Union. Because he has not yet done so, the Court grants National Union’s Motion to Dismiss.”); see also Colony Ins. Co. v. Total Contracting & Roofing, Inc., No. 10-23091-CIV, 2010 WL 5093663, at *2 (S.D. Fla. Dec. 8, 2010) (“[T]he Smiths claim that [Section] 627.4136(1) should not apply because Colony, the insurer, initiated this action and the Smiths only raise their claims in response. However, nothing about the te…

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