Legal Question in Construction Law in Florida

Legal Counsel

I owe a one man construciton company. I am incorporated. Recently a costomer of mine refused to pay for change orders on a job. I stoped work on the job. I liened the property and have applied for small claims court. My question is....Can a judge require my corporation to be represented by a lawyer in an upcoming third party counter complaint with the same party. I showed up in judges chambers last week with out counsel...the opposing lawyer and judge said I needed a lawyer...I can not afford one. Can I be ordered to retain a lawyer for the corporation?

Thanks


Asked on 5/27/04, 12:40 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Legal Counsel

A lien puts you in County Court, not Small Claims Court. Small Claims Courts have no jurisdiction to hear contruction lien claims. And yes, absolutely, because you are in County Court, and not Small Claims Court, the court may force you to retain an attorney regardless of whether you can afford one. The reason is because you are not your company. Your company is its own person, and only an attorney can represent another person. The law is reprinted for you below:

�A corporation must be represented by an attorney when it appears in the courts of the State of Florida.� E.g. Punta Gorda Pines Development, Inc. v. Slack Excavating, Inc., 468 So.2d 438, 439 (Fla. 2nd DCA 1985). �An individual is authorized to represent himself without the necessity of employing an attorney, but this rule is not stretched to permit a corporation to do so.� E.g. Nicholson Supply Co. v. First Federal Sav. & Loan Ass'n of Hardee County, 184 So.2d 438, 440 (Fla. 2nd DCA 1966)(Corporation�s pleading signed by the president, who was a non-attorney, was properly struck as a nullity); Joe-Lin Inc. v. LRG Restaurant Group, Inc., 696 So.2d 539 (Fla. 5th DCA 1997).

Good luck! If you need help, please let me know. But understand there will be a fee associated with my representation of your company.

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Answered on 5/27/04, 12:47 pm


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