BECKY S. TORREY, ETC., APPELLANTS/CROSS-APPELLEES,
v.
LEESBURG REGIONAL MEDICAL CENTER, ET AL., APPELLEES/CROSS-APPELLANTS
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A Michigan attorney not authorized to practice in Florida filed a medical malpractice complaint on behalf of his firm. The trial court dismissed the action as a nullity because the complaint was signed by an unauthorized lawyer. The Fifth District affirmed, holding that filings by non-authorized persons are void and not correctable by later adding an authorized lawyer's name.
A complaint filed by a non-authorized lawyer is a nullity and not correctable by amendment adding an authorized lawyer's signature. The trial court properly dismissed the action without prejudice. Filings by unauthorized persons are void under Florida precedent and cannot be validated by subsequent amendment.
[1] A complaint filed by an attorney not authorized to practice law in Florida is a nullity and not correctable by amendment.
[2] A filing by a non-attorney employee is void and the action should be dismissed without prejudice.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a filing by a non-attorney employee was void and that the action should be dismissed without prejudice”
Establishes the court's binding precedent that filings by unauthorized persons are void nullities
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Join FLexlaw to unlock all legal intelligenceA Michigan lawyer, not authorized to practice in Florida, filed a medical malpractice action against doctors and a hospital. Although a member of his …
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HARRIS, J.
The underlying issue in this appeal is whether a complaint filed by an attorney not authorized to practice law in Florida is a nullity and thus not correctable by amendment adding the name of an authorized lawyer, or is it merely an unauthorized filing that is validated upon entry into the case of a lawyer authorized to practice in this state. In this case, a Michigan lawyer, not authorized to practice in Florida although a member of his firm was,1 filed a medical malpractice action against various doctors and a hospital. The trial court dismissed the action finding that the filing of the complaint by a non-authorized person was a nullity not subject to correction and dismissed the action without prejudice. Apparently the statute of limitations may have run and hence this appeal.
The action of the trial court is consistent with the opinion of this court in Quinn v. Housing Authority of Orlando, 385 So. 2d 1167 (Fla. 5th DCA 1980), in which this court held that a filing by a non-attorney employee was void and that the action should be dismissed without prejudice. We held substantially the same in Daytona Migi Corp. v. Daytona Automotive Fiberglass Inc., 417 So. 2d 272 (Fla. 5th DCA 1982) (filing of a notice of appeal by a non-lawyer is a nullity and the appeal must be dismissed). In Daytona Migi we cited with approval Nicholson Supply Co. v. First Federal Sav. & Loan Ass’n of Hardee County, 184 So. 2d 438 (Fla. 2d DCA 1966), which denied a petition to amend a complaint not properly signed by a lawyer by adding the signature of an authorized lawyer. The court held that the complaint was a nullity.
Because we are bound by the precedent of this court, an affirmance of the dismissal is required. Therefore, the cross-appeal concerning the total lack of plaintiffs compliance with the statutory presuit screening requirement, even after a second notice to do so, is of interest only because it points out the wisdom of rule 2.060(b), Florida Rules of Judicial Administration, which provides: “Attorneys of other states shall not engage in a general practice in Florida unless they are members of The Florida Bar in good standing.”
The trial court’s decision to dismiss the action without prejudice is also consistent with rule 2.060(d), Florida Rules of Judicial Administration, which provides that if a pleading is not signed (and we construe the signature of an unauthorized person as no signature at all), such pleading “may be stricken and the action may proceed as though the pleading or other paper had not been served.” That is exactly what the trial court did in this case.
AFFIRMED.
DAUKSCH and GOSHORN, JJ., concur. . It is a lawyer who has passed The Florida Bar examination that is authorized to practice in this state, not every lawyer in the firm with which he is connected. This case shows why.
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Torrey v. Leesburg Reg'l Med. Ctr., 769 So. 2d 1040 (Fla. 2000)…SHAW, J. We have for review Torrey v. Leesburg Regional Medical Center, 731 So. 2d 748 (Fla. 5th DCA 1999), which expressly and directly conflicts with Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case asks us to determine whether a complai…1 / 2
Authorities Cited
- Nicholson Supply Co., Inc. v. First Fed. Sav. & Loan Ass'n OF Hardee Cnty., 184 So. 2d 438 (Fla. 2d DCA 1966)
- Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272 (Fla. 5th DCA 1982)
- Quinn v. The Hous. Auth. OF the City OF Orlando, 385 So. 2d 1167 (Fla. 5th DCA 1980)