GREAT SOUTHERN TRUCKING COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
STANDARD WHOLESALE GROCERY COMPANY, A FLORIDA CORPORATION, APPELLEE
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The court is considering dismissing an appeal because the appellant's attorneys are not licensed in Florida and have not sought permission to practice in the state. The court is giving them 15 days to rectify the situation by either retaining local counsel or filing a motion for permission to appear.
The appeal is subject to dismissal if the appellant does not secure local Florida counsel or obtain permission for the out-of-state attorneys to represent them within 15 days.
“Attorneys in good standing of other states may appear in particular cases in the Court, when under the rules of comity of such states, attorneys from Florida are similarly permitted to appear; but attorneys of other states shall not do a general practice in the Court without first obtaining a certificate to practice law in the courts of this state.”
This quote states the rule governing practice by foreign attorneys in Florida courts.
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Join FLexlaw to unlock all legal intelligenceGreat Southern Trucking Company filed a notice of appeal through attorneys who are not members of the Florida Bar. These attorneys are from Georgia an…
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A Notice of Appeal having been filed in this cause on behalf of Great Southern Trucking Company, a Florida corporation, by T. Charles Allen of the firm of Fisher, Phillips and Allen, “1410 Rhodes-Haverty Bldg., Atlanta 3, Ga.”, and said attorneys being foreign attorneys not shown to be members of the Bar of Florida, and no showing having been made to this Court that an order was entered by the trial court granting permission to said foreign attorneys to act in this cause; and rule 2.3(b), Florida Appellate Rules, 31 F.S.A., providing as follows:
“Practice by Foreign Attorneys. Attorneys in good standing of other states may appear in particular cases in the Court, when under the rules of comity of such states, attorneys from Florida are similarly permitted to appear; but attorneys of other states shall not do a general practice in the Court without first obtaining a certificate to practice law in the courts of this state.”
It is ordered that this appeal is subject to dismissal by order of this Court 15 days from the date of this order, unless within said period local counsel appear as attorney for said appellant, or unless said out-of-state attorneys shall move for permission to represent appellant herein by motion which shows that said foreign: attorneys meet the requirements of the-above quoted rule.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
On the Merits
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
On the Merits
PER CURIAM.
Affirmed.
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Szteinbaum v. Kaes Inversiones y Valores, 476 So. 2d 247 (Fla. 3d DCA 1985)…d. at 1254, there is no evidence [*252] in the present case to suggest that the defendant was at all prejudiced by the corporation’s improper representation. Finally, we turn briefly to Great Southern Trucking Co. v. Standard Wholesale Grocery Co., 110 So. 2d 507 (Fla. 3d DCA 1959), in which this court held that an appeal commenced by a notice signed by an out-of-state attorney on behalf of a corporation was subject to dismissal, unless within a prescribed period of time Florida counsel appeared or the out-o…
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The Magnolias Nursing & Convalescent Ctr. v. Dep't of Health & Rehabilitative Servs., 428 So. 2d 256 (Fla. 1st DCA 1982)…case is therefore not dependent upon the notice being filed in this court, since the file reflects that the notice of appeal was timely filed. We note further that the Third District in Great Southern Trucking Company v. Standard Wholesale Grocery, 110 So. 2d 507 (Fla. 3rd DCA 1959), interpreted former Rule 2.3(b), Florida Appellate Rules (the forerunner of Rule 9.440), as subjecting to dismissal a notice of appeal filed in behalf of a corporation by a non-admitted attorney, unless within a period of time fi…
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Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995)…rative amendment, on the one hand, or instead as voidable if not cured within some specified time. We opt, like the Third District, for the latter. See Szteinbaum, 476 So. 2d at 252, and Great Southern Trucking Co. v. Standard Wholesale Grocery Co., 110 So. 2d 507 (Fla. 3d DCA 1959); see also Magnolias Nursing and Convalescent Center v. Dept. of Health and Rehabilitative Services, 428 So. 2d 256 (Fla. 1st DCA 1982) (notice of appeal from final agency action by unrepresented corporation not incurable), rev. de…
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