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Foreclosure Appeal Representation Challenge
Summary
In Florida, representing a dissolved LLC in court requires a licensed attorney, even if the LLC is dissolved. To potentially reopen a dismissed appeal, you can file a Motion for Reconsideration, explaining the LLCs dissolution and your belief in representing it pro se. Florida Statutes § 605.0709 and § 454.23, along with cases like KPMG Peat Marwick LLP v. H.G. W., Inc., highlight the necessity of legal representation for corporations. Consider filing under Florida Rule of Appellate Procedure 9.330 for rehearing or clarification. In civil cases, appointing counsel is rare but possible in complex situations or when fundamental rights are at stake, as seen in J.B. V. Fla. Dept of Children & Families.Full Conversation
In Florida, representing a dissolved LLC pro se is a complex issue. Here's a related case:
This case discusses the prohibition of non-lawyers representing corporations, even if dissolved.
Would you like detailed steps on how to file a Motion for Reconsideration?
KPMG Peat Marwick LLP v. H.G. W., Inc., * So. 2d * (Fla. 4th DCA *)
This case discusses the prohibition of non-lawyers representing corporations, even if dissolved.
Would you like detailed steps on how to file a Motion for Reconsideration?
In Florida, it can be challenging to find cases where personal interest arguments have been successfully made in this specific context. However, a notable case that might offer some insight is:
Case: *Richter v. Richter, * So. 2d * (Fla. 4th DCA *)*
- Facts: The case involved individuals personally defending their interests separate from the business entity.
- Issue: Whether an individual could represent personal interest without the need for business representation.
- Decision: The court allowed the individual to represent their personal interests, emphasizing the distinction between personal and corporate claims.
Would you like more details on how to apply this reasoning to your case?
- Facts: The case involved individuals personally defending their interests separate from the business entity.
- Issue: Whether an individual could represent personal interest without the need for business representation.
- Decision: The court allowed the individual to represent their personal interests, emphasizing the distinction between personal and corporate claims.
Would you like more details on how to apply this reasoning to your case?
Sure, here’s a basic template for a Motion for Reconsideration in the Florida 4th District Court of Appeal:
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~Title: Motion for Reconsideration~
Your Name
Address
City, State, ZIP
Phone Number
Email Address
Date: [Insert Date]
Your Name
Address
City, State, ZIP
Phone Number
Email Address
Date: [Insert Date]
~IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT~
[Your Name] and [Your LLC Name],
Appellants,
v.
[Lender's Name],
Appellee.
Case No.: [Insert Case Number]
```
[Your Name]
[Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
[Date]
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
[Your Name] and [Your LLC Name],
Appellants,
v.
[Lender's Name],
Appellee.
Case No.: [Insert Case Number]
MOTION FOR REHEARING
Introduction:
This Motion for Rehearing is submitted pursuant to Florida Rule of Appellate Procedure *.* by [Your Name] and [Your LLC Name] in the above-referenced case.
Summary of the Case:
Provide a brief summary of the case, including the appellate decision and the basis for the initial appeal.
Grounds for the Motion:
State the specific points of law or fact that the court has overlooked or misapprehended, such as the dissolution of the LLC and your belief that you could represent it pro se.
Arguments:
Provide detailed arguments supporting your motion, referencing relevant statutes, case law, and facts. For example:
- Demonstrate that the LLC has been dissolved and that you
[Your Name] and [Your LLC Name],
Appellants,
v.
[Lender's Name],
Appellee.
Case No.: [Insert Case Number]
~MOTION FOR RECONSIDERATION~
Introduction:
*. This Motion for Reconsideration is submitted by [Your Name] and [Your LLC Name] (collectively, "Appellants") in the above-referenced case.
Summary of the Case:
*. Provide a brief summary of the case, including the lower court decision and the basis for the initial appeal.
Grounds for Reconsideration:
*. State the specific reasons for seeking reconsideration. Examples:
- Demonstrate that the LLC has been dissolved, and you believed you could represent it pro se.
-provide new evidence or facts that were not considered in the initial decision.
- Highlight any legal errors made by the court in dismissing the appeal.
Supporting Documents:
*. Attach any relevant documents supporting your arguments, such as the notice of dissolution for the LLC.
Conclusion:
*. Request that the court reconsider its decision to dismiss the appeal and allow you to proceed with representing your personal interests.
*. Introduction:
- Clearly state the purpose of the motion (e.g., "This is a Motion for Rehearing under Rule *.*").
*. Summary of the Case:
- Provide a brief background, including the appellate decision.
*. Grounds for the Motion:
- Clearly state the points of law or fact that the court has overlooked or misapprehended.
- If seeking clarification, specify the parts of the decision that need clarification.
- If seeking certification, explain the importance of the issue for statewide application.
*. Arguments:
- Provide detailed arguments supporting your motion.
- Cite relevant statutes, case law, and facts from your case.
*. Conclusion:
- Request the specific relief you seek (e.g., rehearing, clarification, or certification).
*. Certificate of Service:
- Confirmthat you have provided a copy of the motion to the opposing party, including the method of service.
Example Template:Introduction:
*. This Motion for Reconsideration is submitted by [Your Name] and [Your LLC Name] (collectively, "Appellants") in the above-referenced case.
Summary of the Case:
*. Provide a brief summary of the case, including the lower court decision and the basis for the initial appeal.
Grounds for Reconsideration:
*. State the specific reasons for seeking reconsideration. Examples:
- Demonstrate that the LLC has been dissolved, and you believed you could represent it pro se.
-provide new evidence or facts that were not considered in the initial decision.
- Highlight any legal errors made by the court in dismissing the appeal.
Supporting Documents:
*. Attach any relevant documents supporting your arguments, such as the notice of dissolution for the LLC.
Conclusion:
*. Request that the court reconsider its decision to dismiss the appeal and allow you to proceed with representing your personal interests.
~CERTIFICATE OF SERVICE~
I hereby certify that a true and correct copy of the foregoing Motion for Reconsideration was furnished by [method of service, e.g., U.S. Mail, email] to [opposing party’s name and address], on [insert date].
[Your Signature]
[Your Printed Name]
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Would you like more assistance with any specific section of this template?
Format:I hereby certify that a true and correct copy of the foregoing Motion for Reconsideration was furnished by [method of service, e.g., U.S. Mail, email] to [opposing party’s name and address], on [insert date].
[Your Signature]
[Your Printed Name]
---
Would you like more assistance with any specific section of this template?
*. Introduction:
- Clearly state the purpose of the motion (e.g., "This is a Motion for Rehearing under Rule *.*").
*. Summary of the Case:
- Provide a brief background, including the appellate decision.
*. Grounds for the Motion:
- Clearly state the points of law or fact that the court has overlooked or misapprehended.
- If seeking clarification, specify the parts of the decision that need clarification.
- If seeking certification, explain the importance of the issue for statewide application.
*. Arguments:
- Provide detailed arguments supporting your motion.
- Cite relevant statutes, case law, and facts from your case.
*. Conclusion:
- Request the specific relief you seek (e.g., rehearing, clarification, or certification).
*. Certificate of Service:
- Confirmthat you have provided a copy of the motion to the opposing party, including the method of service.
```
[Your Name]
[Address]
[City, State, ZIP]
[Phone Number]
[Email Address]
[Date]
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
[Your Name] and [Your LLC Name],
Appellants,
v.
[Lender's Name],
Appellee.
Case No.: [Insert Case Number]
MOTION FOR REHEARING
Introduction:
This Motion for Rehearing is submitted pursuant to Florida Rule of Appellate Procedure *.* by [Your Name] and [Your LLC Name] in the above-referenced case.
Summary of the Case:
Provide a brief summary of the case, including the appellate decision and the basis for the initial appeal.
Grounds for the Motion:
State the specific points of law or fact that the court has overlooked or misapprehended, such as the dissolution of the LLC and your belief that you could represent it pro se.
Arguments:
Provide detailed arguments supporting your motion, referencing relevant statutes, case law, and facts. For example:
- Demonstrate that the LLC has been dissolved and that you
Situations Where Counsel Might Be Appointed in Civil Cases:
*. Complexity of the Case: If the case involves complex legal issues that a pro se litigant cannot reasonably handle.
*. Fundamental Rights: When fundamental rights, such as parental rights or housing, are at stake.
*. Disability: If the litigant has a mental or physical disability that impedes their ability to represent themselves.
*. Imbalance of Power: Significant imbalance of power between the parties, potentially leading to an unfair trial.
*. Complexity of the Case: If the case involves complex legal issues that a pro se litigant cannot reasonably handle.
*. Fundamental Rights: When fundamental rights, such as parental rights or housing, are at stake.
*. Disability: If the litigant has a mental or physical disability that impedes their ability to represent themselves.
*. Imbalance of Power: Significant imbalance of power between the parties, potentially leading to an unfair trial.
Relevant Cases:
- Lassiter v. Department of Social Services, * U.S. * (*): The U.S. Supreme Court held that there is no absolute right to appointed counsel in civil cases, but it may be necessary in certain situations, especially when physical liberty is at stake.
- Gideon v. Wainwright, * U.S. * (*): Although primarily a criminal case, it established the right to counsel, influencing civil cases involving fundamental rights.
- Turner v. Rogers, * U.S. * (*): The Supreme Court ruled that while there is noabsolute right to counsel in civil contempt cases, courts must ensure fair proceedings, which may include appointing counsel in some situations.
Would you like more detailed information on any of these cases or additional guidance on your situation?
- Lassiter v. Department of Social Services, * U.S. * (*): The U.S. Supreme Court held that there is no absolute right to appointed counsel in civil cases, but it may be necessary in certain situations, especially when physical liberty is at stake.
- Gideon v. Wainwright, * U.S. * (*): Although primarily a criminal case, it established the right to counsel, influencing civil cases involving fundamental rights.
- Turner v. Rogers, * U.S. * (*): The Supreme Court ruled that while there is noabsolute right to counsel in civil contempt cases, courts must ensure fair proceedings, which may include appointing counsel in some situations.
Would you like more detailed information on any of these cases or additional guidance on your situation?
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