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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