ALI AKTAN, ET AL.,
v.
GOTHAM COLLECTION SERVICES CORP.

Fla. 3d DCA | 2020-04-29
No. 19-0383
305 So. 3d 632 Florida District Court of Appeal, Third District (2020) Positive Treatment
Cited by 2 cases

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Synopsis

This case involves an appeal from a summary judgment in a collection suit. The appellate court dismissed the appeal for one appellant (an LLC) because it failed to retain counsel, and affirmed the summary judgment for the other appellant (an individual) because he did not present admissible evidence to dispute the facts. The ruling clarifies the requirements for opposing summary judgment and the necessity of legal representation for LLCs.


Holding

The appeal for USA Moonstar, LLC is dismissed because it failed to comply with the order to retain counsel and cannot appear pro se or through an unlicensed attorney. The summary judgment against Ali Aktan is affirmed because he failed to present admissible evidence to create a genuine issue of material fact.


Headnotes

[1] An LLC must be represented by counsel in litigation and cannot appear pro se or through an individual who is not a licensed attorney.

[2] A party opposing a motion for summary judgment must provide admissible evidence that creates a genuine issue of material fact.

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Key Quotes

“We dismiss the appeal as to appellant USA Moonstar, LLC, as it failed to comply with this court’s order directing it to retain counsel to prosecute this appeal.”

Establishes the dismissal of the appeal for USA Moonstar, LLC due to non-compliance with the order to retain counsel.

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Facts & Procedural History

Gotham Collection Services, Corp. filed a collection suit against Ali Aktan and USA Moonstar, LLC. The trial court entered a final summary judgment ag…

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Opinion of the Court

EMAS, C.J.

Appellants Ali Aktan and USA Moonstar, LLC each appeal a final summary judgment entered against them in a collection suit filed by Gotham Collection Services, Corp. We dismiss the appeal as to appellant USA Moonstar, LLC, as it failed to comply with this court’s order directing it to retain counsel to prosecute this appeal. Moonstar instead attempted to appear through co-appellant Ali Aktan.

However, Mr. Aktan is not a licensed Florida attorney and Moonstar cannot proceed pro se or otherwise through Mr. Aktan. See Golden Gate Homes, LC v. Levey, 59 So. 3d 275 (Fla. 3d DCA 2011) (holding an LLC must be represented by counsel in litigation) (citing Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247, 248 (Fla. 3d DCA 1985) (holding: “It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney”).

As to appellant Aktan, and following our de novo review, see Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000), we affirm, because Gotham’s motion for summary judgment and the attachments thereto established there was no genuine issue of material fact in dispute and that Gotham was entitled to judgment as a matter of law. Aktan failed to provide admissible evidence in opposition to the motion for summary judgment to establish the existence of a genuine issue of material fact.

The trial court properly entered final summary

judgment. See Fla. R. Civ. P. 1.510(c) (providing in pertinent part: “The judgment sought must be rendered immediately if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law”); Keys Country Resort, LLC v. 1733 Overseas Highway, LLC, 272 So. 3d 500, 504 (Fla. 3d DCA 2019) (noting that “affidavits opposing summary judgment must identify ‘admissible evidence that creates a genuine issue of material fact.’ Panzera v. O'Neal, 198 So. 3d 663, 665 (Fla. 2d DCA 2015).

The purpose of this requirement is ‘to ensure that there is an admissible evidentiary basis for the case rather than mere supposition or belief.’ Alvarez v. Fla. Ins. Guar. Ass'n, Inc., 661 So. 2d 1230, 1232 (Fla. 3d DCA 1995))” (additional citations omitted); Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018) (observing that an opposing party must do more than merely assert that an issue exists in order to defeat a legally sufficient motion for summary judgment).

To the extent Aktan contends that the trial court erred in denying his request for a continuance or for additional time before entering summary judgment in favor of Gotham, the failure to include a transcript of the relevant proceedings is fatal to a determination of whether the trial court abused its discretion in denying this request. See Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933 (Fla. 3d DCA 2019).

We find the remaining issues are without merit.

Affirmed in part and dismissed in part.


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