8 Fla. L. Weekly Supp. 578c
Landlord-tenant — Eviction — Standing — Manager of apartment building who is not attorney licensed to practice in Florida has no standing to bring eviction action in his own name or to represent corporate landlord — Furthermore, failure to join both lessees is fatal in action for possession of premises
VOAF/LORENZO MORRIS, Plaintiff vs. SHERRI PITTS, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-002843 COSO 60. July 2, 2001. Sharon Zeller, Judge. Counsel: VOAF/Lorenzo Morris, Pro Se. Gladys Gerson, Legal Aid Service of Broward County, Inc., for Defendant.
ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE came on to be heard on June 26, 2001 upon Defendant’s MOTION TO DISMISS COMPLAINT FOR TENANT EVICTION and Plaintiff Lorenzo Morris having appeared pro se and Defendant’s counsel being present and this Court having reviewed the Motion and the file, having heard argument, and being fully advised in the premises, the Court
FINDS, ORDERS AND ADJUDGES as follows:
1. Plaintiff Volunteers of America of Florida, Inc., hereinafter referred to as “VOAF” is the lessor and Defendant, Sharonda Pitts and her adult daughter, Shatarka Nuby Thompson, are the lessees by written lease agreement of the apartment from which Plaintiff VOAF seeks to evict Defendant.
2. Plaintiff Lorenzo Morris is the manager of the building leased by Plaintiff in which Defendant resides and is not an attorney licensed to practice in the state of Florida. Plaintiff Morris has no standing to bring this action in his name nor can he represent the corporate Plaintiff in this action.See, XYZ Dania Apts., Inc. vs. Samuels, 7Fla. L. Weekly Supp. 810a (Broward County, 2000).
3. Furthermore, since Plaintiff by this action is seeking possession of the leased premises, his failure to join both lessees is fatal to the action which must be dismissed for failure to join an indispensable party. Live Oak Villas Mobile Home Park v. Diane Andrews, 5Fla. L. Weekly Supp. 469a (Suwannee County, 1998).
THEREUPON, for the reasons stated herein, this cause is dismissed with prejudice.
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