Font Pomales v. Aklipse Asset Management, Inc.
After its counsel withdrew and it failed to obtain new counsel, a corporate landlord's non-lawyer representative sent a letter asking the trial court to dismiss the eviction case; the court treated it as a voluntary dismissal and then denied the tenants' fee motion because there was no judgment on the merits. The Third District held that a corporation cannot appear without counsel even to dismiss a case, so the letter could not operate as a notice of voluntary dismissal, and reversed the fee denial that rested on that improper dismissal. Judge Miller dissented, arguing the dismissal order was a separate, unappealed final order and the majority reached unpreserved, unbriefed issues.
Key facts
- Font Pomales (tenants) sued Aklipse Asset Management, Inc. (corporate landlord) in an eviction action.
- After the corporation's counsel withdrew and it failed to obtain replacement counsel, a non-lawyer corporate representative sent a letter to the trial court requesting dismissal of the case.
- +2 more key facts with a free trial
Why it matters
Practitioners facing an unrepresented corporate opponent now have Third District authority that a corporation cannot even exit a case pro se — a purported voluntary dismissal signed by a non-lawyer officer is a nullity… — full analysis with a trial
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