22 Fla. L. Weekly Supp. 136a
Online Reference: FLWSUPP 2201BATAInsurance — Personal injury protection — Dismissal — Where medical provider failed to comply with order to obtain replacement counsel within 30 days of withdrawal of its former counsel, insurer’s motion to dismiss complaint for lack of representation is granted
FORT MYERS CHIROPRACTIC CENTER, INC. (A/A/O AUDAIN BATAILLE), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COSO13-006273. July 11, 2014. Honorable Terri-Ann Miller, Judge. Counsel: Jarod Gilbert, Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTIONTO DISMISS PLAINTIFF’S COMPLAINTFOR LACK OF REPRESENTATION
THIS CAUSE having come before this Court on Defendant’s Motion to Dismiss Plaintiff’s Complaint for Lack of Representation, and the Court having been properly advised, finds the following:
On June 10, 2013, Defendant was served with Plaintiff’s Petition for Declaratory Relief and Complaint for Personal Injury Protection Benefits. This pleading was submitted by Paul K. Schrier, Esq. (Fla. Bar Number 622590). On or about August 23, 2013, counsel for Plaintiff filed a Motion for Leave to Withdraw as Counsel based on “irreconcilable differences.” Defendant did not oppose this motion, and on April 3, 2014 the same was granted. The Order specifically states, “Plaintiff is granted 30 days to appear by counsel, otherwise this case may be dismissed without further proceedings.”
The law is well settled in Florida that a corporation cannot represent itself. Szteinbaum v. Kaes Inversiones Y Valores, C.A., 476 So.2d 247 (Fla. 3rd DCA 1985); Telepower Communications, Inc., et al. v. LTI Vehicle Leasing Corp., 658 So.2d 1026 (Fla. 4th DCA 1995) [20 Fla. L. Weekly D358a]. In this case, Plaintiff is a dissolved corporation that was ordered to obtain counsel within 30 days. Plaintiff has failed to do so. Pursuant to Fla. R. Civ. P. 1.420(b), involuntary dismissal of Plaintiff’s case is appropriate.
Based on the foregoing, it is ORDERED AND ADJUDGED
1. Defendant’s Motion to Dismiss Plaintiff’s Complaint for Lack of Representation is hereby Granted.
2. Plaintiff’s Complaint is hereby dismissed with prejudice.
3. This Court will reserve jurisdiction to determine Defendant’s entitlement to attorney fees should the Defendant file an appropriate motion within 30 days.
