FL - Represent my own Corporation

[MIKEPIN]

My FL corporation owns a property. Can I represent the corporation in court in an eviction case?

I did a lot of research, but I found no answer.

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 y Valores, 476 So.2d 247 (Fla. 3d DCA 1985); [**2] 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).

Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. Dist. Ct. App. 1st Dist. 1989)

But in small claims cases I can:

Rule 7.050
(2) Party Not Represented by Attorney to Sign. A party, individual, or corporation who or which has no
attorney handling such cause shall sign that party’s statement of claim or other paper and state that party’s address and telephone number, including area code. However, if the trial court in its discretion determines that the plaintiff is engaged in the business of collecting claims and holds such claim being sued upon by purchase, assignment, or management arrangement in the operation of such business, the court may require that corporation to provide counsel in the prosecution of the cause. A corporation may be represented at any stage of the trial
court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the
corporation.

and

FORM 7.350. CORPORATE AUTHORIZATION TO ALLOW EMPLOYEE TO REPRESENT CORPORATION AT ANY STAGE OF LAWSUIT

(Caption)

AUTHORIZATION OF CORPORATE OFFICER

…..(name)….. is an employee of …..(name of corporation that is a party to this action)…… This individual has authority to represent the corporation at any stage of the trial court proceedings, including mediation.
The undersigned giving the authority is an officer of the corporation. Pursuant to section 92.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing Corporate Authorization and that the facts stated in it are true.

Dated: ………………..

SIGNING AUTHORITY: ____________________________________

Print name and title: …………………………………………….
(president; vice-president; secretary; treasurer)

Address: ……………………………………………
……………………………………………
Phone number: ……………………………………………

I certify that a copy of this form has been furnished to [list all parties to this action] by …..(hand delivery/mail/fax)….. on …..(date)……

Name and title: ……………………………………………….

But I could not figure out ...

Evictions cases are civil cases. Does that mean they are not part of small claims?

If yes, does it mean that I can not represent my corporation?

 

[FlyingRon]

You have the basic understanding right. An LLC or Corporation is not a person and must be represented by an attorney in court, except for small claims where any employee who is authorized to obligate the company may appear.

In all the counties I am familiar with evictions (motions for removal), are not heard in small claims. I suppose if you just wanted to sue for the rent due, you could go to small claims, but if you need the removal, you need to hire an attorney.

 

[adjusterjack]

Florida small claims rules:

RULE 7.010. TITLE AND SCOPE
(b) Scope. These rules are applicable to all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $5,000 exclusive of costs, interest, and attorneys’ fees.

Seems clear that eviction is not within the scope of small claims court.

does it mean that I can not represent my corporation?

You cannot. You will have to hire a lawyer. Now you know why one shouldn't own a rental with a corporation or LLC. Lawyers cost lots of money.

 

[Taxing Matters]

Now you know why one shouldn't own a rental with a corporation or LLC. Lawyers cost lots of money.

I disagree. Even though a lawyer is needed for evictions, the other benefits of organizing as a corporation or LLC may outweigh that cost. The details of the particular landlord's operations matter as to what form of business is most advantageous to use.

 

[MIKEPIN]

Now you know why one shouldn't own a rental with a corporation or LLC. Lawyers cost lots of money.

It is a small commercial property and for sales tax purposes we had to separate it from our personally owned property, otherwise we would have to declare everything every month.

 

[MIKEPIN]

THANKS FOR ALL YOUR HELP!!