WILLIAM H. STEELE, Chief District Judge.
This matter comes before the Court on Motion of Silver, Voit & Thompson, Attorneys at Law, P.C. to Withdraw as Counsel for Defendants Key Hotels of Brewton, LLC and Anand Patel (doc. 46).
The deteriorating relationship between defendants, Key Hotels of Brewton, LLC, and Anand Patel, and their counsel has been readily apparent for some time. Back on July 28, 2015, defendants' counsel filed their first Motion to Withdraw, asserting as grounds "that Defendants have failed to cooperate with counsel thereby making it impossible for counsel to represent the said Defendants and comply with the orders of the Court." (Doc. 33, at 1.) The very next day, defendants' counsel withdrew their original Motion to Withdraw for the stated reason that they had met with and reached an understanding with defendant Patel "that the problems of client cooperation . . . have been resolved and will not reoccur." (Doc. 36, at 1.)
Unfortunately, such a sentiment — like many other aspects of this case — appears to have been wishful thinking. On September 10, 2015, defendants' counsel renewed their Motion to Withdraw, citing the same "failure to cooperate" concerns that prompted their initial request. (Doc. 46, at 1.) From these circumstances, it is evident that defendants and their counsel of record have proven unable to work together and that the attorney-client relationship is unsalvageable at this point. In light of this fundamental breakdown, to force the Silver, Voit & Thompson firm to continue their representation of defendants in these proceedings would be to engage in a futile, inefficient and likely counterproductive endeavor. Accordingly, the Motion to Withdraw as Counsel (doc. 46) is
In light of this development, defendant Anand Patel has two options. He may retain new counsel to represent his interests in these proceedings, in which case he must promptly notify the Court in writing of substitute counsel's identity, address and telephone number. Or, alternatively, Patel may elect to proceed without counsel and represent himself as a pro se litigant in this case. While Patel certainly is entitled to proceed pro se if he so chooses, he is cautioned that unrepresented litigants are expected to comply fully with applicable laws, procedural rules and court orders, and that neither this Court nor any other District Court judicial officers or personnel may give him legal advice or serve as de facto counsel on his behalf.
By contrast, defendant Key Hotels of Brewton, LLC, does not have the option of proceeding in this litigation without counsel. A business organization such as a limited liability company is an artificial entity that cannot appear in court pro se through a member or officer. See, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that ... cannot appear pro se, and must be represented by counsel."); S.E.C. v. Merchant Capital, LLC, 2012 WL 3205543, *1 n.2 (11th Cir. Sept. 11, 2012) ("It is well established, however, that a business organization cannot appear pro se and must be represented by counsel, not merely by a stockholder or officer.") (citation omitted). Simply put, Key Hotels cannot represent itself, nor can its managers, members, officers or employees file papers in this case on behalf of that entity unless they are licensed attorneys acting in a representative capacity. For this reason, it is imperative that Key Hotels retain substitute counsel immediately if it wishes to be heard or to defend in this action. Key Hotels is therefore
Also pending at this time is the Motion of Fidelity Bank to Establish Sale Procedures (doc. 48) filed on September 10, 2015. This Motion will be
The Clerk of Court is