Legal Question in Civil Litigation in Florida
when and how to response to a motion...time limits?
My business and me personally filed a counterclaim in a landlord tenant matter.
aparently my business cannot represent itself, but I can.
The opposing party filed a motion to strike or dismiss the counterclaim of my business.
Question: There is a hearing set in two months from now, but do I have to respond to this motion now? What time limits are there to respond? Can I file for continuance of the business counterclaim untill after the personal counterclaim is disputed?
The business lease had been paid by my personally, does this affect the counterclaim?
1 Answer from Attorneys
Re: when and how to response to a motion...time limits?
Unless a matter is in small claims court, . “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, and I recommend hiring an attorney.
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