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Jacobs Keeley
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Order | Filed: November 15, 2021 | Entered: November 15, 2021 Lopez v. Nationstar Mortgage LLC
Other Statutory Actions | Florida Southern
Order on Motion to Withdraw as Attorney
PAPERLESS ORDER. THIS CAUSE came before the Court upon Akerman, LLP, Gregory T. King, Esq., and Daniel Cardenal, Esq.'s (collectively, "Akerman") Motion to Withdraw as Counsel of Record. 87 . Akerman informs the Court that final judgment has been entered in this case in favor of Defendant Nationstar Mortgage LLC ("Nationstar"), Nationstar was awarded costs, and Nationstar has knowingly and freely discharged Akerman as its counsel. 87 at 1. Now, counsel for Nationstar requests that the Court (1) permit Akerman to withdraw as counsel for Nationstar, (2) relieve Akerman of any further responsibilities in this matter, and (3) afford Nationstar sufficient time to obtain new counsel to pursue its award of costs. Id. at 1-2.
It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Moreover, under federal law, a corporation cannot appear in federal court pro se and must be represented by counsel. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985) ("The rule 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.") (citations omitted). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises it is hereby ORDERED AND ADJUDGED that Akerman's Motion to Withdraw as Counsel of Record 87 is DENIED WITHOUT PREJUDICE. Before a renewed motion will be granted replacement counsel must file a notice of appearance as to Defendant Nationstar Mortgage LLC.
Signed by Judge K. Michael Moore on 11/15/2021. (elm) -
Motion | Filed: November 10, 2021 | Entered: November 10, 2021 Lopez v. Nationstar Mortgage LLC
Other Statutory Actions | Florida Southern
Withdraw as Attorney
MOTION to Withdraw as Attorney by Akerman LLP for / by Nationstar Mortgage LLC. Responses due by 11/24/2021 (Cardenal, Daniel)
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Order | Filed: November 01, 2021 Lopez v. Nationstar Mortgage LLC
Other Statutory Actions | Florida Southern
Order
ORDER ADOPTING 85 Report and Recommendations; GRANTING IN PART Defendant Nationstar Mortgage LLC's Motion to Bill Costs 83 . Signed by Judge K. Michael Moore on 11/1/2021. See attached document for full details. (elm)
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