From Casetext: Smarter Legal Research

Hankin v. Blissett

District Court of Appeal of Florida, Third District
Sep 24, 1985
475 So. 2d 1303 (Fla. Dist. Ct. App. 1985)

Summary

In Hankin v. Blissett, 475 So.2d 1303 (Fla. 3d DCA 1985), our sister court determined that such a defect was not jurisdictional and denied the motion to dismiss.

Summary of this case from Wemett v. State

Opinion

No. 84-1161.

September 24, 1985.

Appeal from the Circuit Court, Dade County, Joseph P. Farina, J.

Harvey D. Rogers, Miami, for appellants.

King, Wayner, Leavy Rabin and Peter H. Leavy, South Miami, for appellees.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.


ON MOTION TO DISMISS APPEAL


The appellees have moved to dismiss the appeal on the ground that the appellants' notice of appeal, having been signed by a non-lawyer, the secretary to the attorney for the appellants, rather than the attorney for the appellants, is a nullity, and any amended notice would be untimely.

The secretary, Ana Diaz, was authorized to sign and signed the name of the attorney, Harvey D. Rogers, on the notice. This fact came to light during earlier proceedings before a commissioner appointed by this court to determine whether the appeal was timely filed, a question which could not be resolved without an evidentiary hearing.

We deny the motion. First, although Florida Rule of Judicial Administration 2.060(d) requires, inter alia, that "[e]very pleading and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name," a pleading signed in the name of the attorney by the attorney's authorized agent is, in effect, a pleading signed by the attorney. Second, the rule itself provides that only a pleading which is not signed or is signed with intent to defeat the purpose of the rule may be stricken, and the notice herein is surely not such a pleading. Third, in the a fortiori case of Great Southern Trucking Co. v. Standard Wholesale Grocery Co., 110 So.2d 507 (Fla. 3d DCA 1959), this court refused to treat a notice of appeal filed on behalf of a corporation by an attorney not admitted to practice law in this state as jurisdictionally deficient and allowed the appeal to proceed, provided that either Florida counsel appeared or an order permitting out-of-state counsel to appear was procured. See Magnolias Nursing and Convalescent Center v. Department of Health and Rehabilitative Services, Office of Licensure and Certification, 428 So.2d 256 (Fla. 1st DCA 1982), rev. denied, 449 So.2d 265 (Fla. 1984) (dictum), but see Daytona Migi Corp. v. Daytona Automotive Fiberglass, Inc., 417 So.2d 272 (Fla. 5th DCA 1982) (dictum).

Where, as here, there is no contention that the notice or pleading was authored and prepared by a non-attorney, the public policy prohibiting the unauthorized practice of law is not implicated. Cf. Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So.2d 247 (Fla. 3d DCA 1985).

Motion denied.


Summaries of

Hankin v. Blissett

District Court of Appeal of Florida, Third District
Sep 24, 1985
475 So. 2d 1303 (Fla. Dist. Ct. App. 1985)

In Hankin v. Blissett, 475 So.2d 1303 (Fla. 3d DCA 1985), our sister court determined that such a defect was not jurisdictional and denied the motion to dismiss.

Summary of this case from Wemett v. State
Case details for

Hankin v. Blissett

Case Details

Full title:KENNETH N. HANKIN AND IRENE HANKIN, APPELLANTS, v. ANTHONY BLISSETT AND…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 24, 1985

Citations

475 So. 2d 1303 (Fla. Dist. Ct. App. 1985)

Citing Cases

Wemett v. State

In the Florida decision presenting facts most analogous to those before us, a motion to dismiss the appeal…

Hoover v. West Virginia Bd. of Medicine

"); In re Venezio, 28 N.J. 580, 147 A.2d 792, 793 (N.J. 1959) ("An attorney's obligation [to sign a…