Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989). · Go Syfert
Search
Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989). Cases Citing This Book View Copy Cite
“a corporation may not represent itself through non-lawyer employees, officers, or shareholders”
9 citation events (5 in the last 25 years) across 3 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rafanello v. Bode
Fla. Dist. Ct. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
a corporation may not represent itself through non-lawyer employees, officers, or shareholders
discussed Cited as authority (rule) Florida Bar v. Embassy of Heaven Church
Fla. · 2000 · confidence medium
See Florida Bar v. Gentz, 640 So.2d 1105 (Fla.1994) (holding that three individuals who held themselves out to the public as a panel of judges capable of granting divorces were engaged in the unlicensed practice of law); Florida Bar v. York, 689 So.2d 1037, 1039 (Fla.1996) (finding that it constitutes the unlicensed practice of law for a nonattor-ney to threaten suit on behalf of another); Florida Bar v. Gordon, 661 So.2d 295, 296 (Fla.1995) (enjoining nonattorney from “[ajppearing in any Florida court or offering to appear in any Florida court, either expressly or impliedly, as a spokespers…
discussed Cited as authority (rule) Hawkeye Bank & Trust, National Ass'n v. Baugh
Iowa · 1990 · confidence medium
See In re K.M.A., Inc. v. General Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir.Unit B July 1981); Richter v. Higdon Homes, Inc., 544 So.2d 300, 300 (Fla.App.1989); Oahu Plumbing and Sheet Metal, 60 Haw. at 376 , 590 P.2d at 573 ; Varney Enters., Inc. v. WMF, Inc., 402 Mass. 79, 82 , 520 N.E.2d 1312, 1314 (1988); Walacavage, 331 Pa.Super. at 142 , 480 A.2d at 284 .
cited Cited "see" ALTAMAR 1, LLC v. ADALGISA NOLASCO
Fla. Dist. Ct. App. · 2023 · signal: see · confidence high
See Fla. Bar v. The Embassy of Heaven Church, 761 So. 2d 1053, 1055 (Fla. 2000) (citing Richter v. Higdon Homes, Inc., 544 So. 2d 300, 300 (Fla. 1st DCA 1989)).
cited Cited "see" Meardy v. Butterworth
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Richter v. Higdon Homes, Inc., 544 So.2d 300 (Fla. 1st DCA 1989).
discussed Cited "see" BLL Properties, Inc. v. TRS Juniors, Inc.
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Richter v. Higdon Homes, Inc., 544 So.2d 300 (Fla. 1st DCA 1989); Carillon Corp. v. Devick, 554 So.2d 630 (Fla. 4th DCA 1989); Szteinbaum v. Kaes Inversiones y Valores, 476 So.2d 247 (Fla. 3d DCA 1985).
discussed Cited "see, e.g." Molina v. Watkins
Fla. Dist. Ct. App. · 2002 · signal: see also · confidence low
See Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So.2d 247, 248 (Fla. 3d DCA 1985) ("[i]t is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney.” (citations omitted)); see also Richter v. Higdon Homes, Inc., 544 So.2d 300 (Fla. 1st DCA 1989) (non-lawyer sole shareholder of a corporation may not represent the corporation). .
Retrieving the full opinion text from the archive…
Suzanne RICHTER, Appellant,
v.
HIGDON HOMES, INC., a Florida Corporation, Appellee.
88-1155.
District Court of Appeal of Florida, First District.
May 26, 1989.
544 So. 2d 300
Shivers.
Cited by 8 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: District Court of Appeal of Fl… (1)

Jan J. Hevier, Pensacola, for appellant.

No appearance for appellee.

SHIVERS, Judge.

Appellant filed a complaint against appellee Higdon Homes, Inc. (Higdon Homes), a Florida corporation, arising out of her 1983 contract to purchase, preconstruction, a residential condominium unit from Higdon Homes. A timely answer to the complaint was prepared and filed by appellee's counsel. Some time prior to trial, appellee's counsel withdrew and the case proceeded to jury trial with appellee represented by its sole stockholder and president, Charles Higdon (a non-lawyer). Prior to the beginning of trial, appellant's attorney objected to Mr. Higdon's representation of the corporation. The trial court allowed Mr. Higdon to continue after determining that he was the sole stockholder of the corporation.

A corporation may not represent itself through non-lawyer employees, officers, or shareholders. Nicholson Supply Co. v. First Federal Savings & Loan Ass'n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); See also Szteinbaum v. Kaes Inversiones by Valores, 476 So.2d 247 (Fla. 3d DCA 1985); Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So.2d 438 (Fla. 2d DCA 1985); Hub Financial Corp. v. Olmetti, 465 So.2d 618 (Fla. 4th DCA 1985); Daytona Migi Corp. v. Daytona Automotive Fiberglass, Inc., 417 So.2d 272 (Fla. 5th DCA 1982); Angelini v. Mobile Home Village, Inc., 310 So.2d 776 (Fla. 1st DCA 1975). This rule applies even where the non-lawyer purporting to represent the corporation is the sole shareholder of the corporation. Southeastern Associates, Inc. v. First Georgia Bank, 362 So.2d 967 (Fla. 1st DCA 1978). Therefore, the trial court's allowing Mr. Higdon to represent appellee at trial on the basis that Mr. Higdon was the sole stockholder of the corporation was error.

Since appellee's answer in this case was properly filed by an attorney, default is not required. We vacate the trial court's final judgment on the verdict in favor of Higdon Homes and we set aside the verdict and remand for new trial if appellee elects to be represented by an attorney. If it does not so elect, we direct the trial court to enter[*301] default against appellee and proceed thereafter accordingly. Because we reverse on the first issue presented on appeal, we do not reach appellant's remaining point.

REVERSED and REMANDED.

ZEHMER and BARFIELD, JJ., concur.