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IN RE EL RANCHO NO TENGO, INC., 3:08-bk-7279-PMG (2015)

Court: District Court, M.D. Florida Number: infdco20150210795 Visitors: 33
Filed: Feb. 09, 2015
Latest Update: Feb. 09, 2015
Summary: ORDER MARCIA MORALES HOWARD, District Judge. This case is before the Court sua sponte. On January 21, 2015, Jeffrey L. Hill, Sr. filed a Notice of Appeal (Doc. No. 1; Notice) seeking to appeal from an Order entered by the United States Bankruptcy Court for the Middle District of Florida as the real party in interest and successor in interest to debtor, El Rancho No Tengo, Inc. (El Rancho). However, upon review of the Notice, it appears that Hill is intending to proceed pro se on El Rancho
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ORDER

MARCIA MORALES HOWARD, District Judge.

This case is before the Court sua sponte. On January 21, 2015, Jeffrey L. Hill, Sr. filed a Notice of Appeal (Doc. No. 1; Notice) seeking to appeal from an Order entered by the United States Bankruptcy Court for the Middle District of Florida as the real party in interest and successor in interest to debtor, El Rancho No Tengo, Inc. (El Rancho). However, upon review of the Notice, it appears that Hill is intending to proceed pro se on El Rancho's behalf. It is "well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel." Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985); see also Local Rule 2.03(e), Local Rules, United States District Court for the Middle District of Florida ("A corporation may appear and be heard only through counsel admitted to practice in the Court pursuant to Rule 2.01 or Rule 2.02."). This is true "even where the person seeking to represent the corporation is its president and major stockholder." See Palazzo, 764 F.2d at 1385. Because the Notice was not signed by an attorney, it was not properly filed and this appeal is not properly before the Court. See SEC v. Merchant Capital, LLC, 486 F. App'x 93, 94 n.1 (11th Cir. 2012).

Accordingly, it is hereby ORDERED:

The Notice of Appeal is due to be STRICKEN. If Appellant El Rancho No Tengo, Inc. wishes to pursue this appeal, an attorney admitted to practice before this Court must file a notice of appearance no later than Friday, March 13, 2015. Failure to do so will result in the striking of the Notice of Appeal and the dismissal of this appeal.

DONE AND ORDERED.

Source:  Leagle

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